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K. R. MOHAPATRA
Shantilata Sahoo – Appellant
Versus
Sub-registrar, Cuttack – Respondent
Headnote: Read headnote
JUDGMENT
1. This matter is taken up through hybrid mode.
2. On the oral prayer of Mr. Mohapatra, learned counsel for the Petitioner, he is permitted to incorporate State of Orissa represented through its Secretary, Revenue and Disaster Management Department as Opposite Party No.1 to the writ petition in Court itself.
3. Petitioner in this writ petition prays for a direction to Opposite Party No.2-Sub-Registrar, Cuttack to accept the certified copy of the judgment and decree dated 26th December, 2022 and 6th January, 2023 respectively passed by learned 3rd Additional District Judge, Cuttack in RFA No.459 of 2022 (Annexure-2) for registration.
4. Mr. Mohapatra, learned counsel for the Petitioner submits that CS No.288 of 2021 was dismissed vide judgment dated 19th May, 2022 passed by learned Senior Civil Judge, 1st Court, Cuttack without accepting the compromise entered into between the parties. Assailing the same, the Petitioner filed RFA No.459 of 2022, which was disposed of vide judgment dated 26th December, 2022 with the following observation and direction.
A compromise decree that creates new rights in immovable property valued at Rs. 100 or more is compulsorily registrable under Section 17(1) of the Registration Act, 1908.
A compromise decree creating new rights in immovable property requires registration under Section 17 of the Registration Act if it establishes rights for the first time.
Compromise decree comprising immovable property other than which is subject-matter of suit or proceeding requires registration, although any decree or order of a court is exempted from registration. ....
The main legal point established is that decrees, if declaratory in nature and not involving any land other than the suit land, may not be compulsorily registrable under Section 17(2)(vi) of the Regi....
The main legal point established in the judgment is that an agreement of sale which does not create interest in immovable property is not prohibited from registration under Section 22-A of the Regist....
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