The registration of a sale deed is deemed complete when necessary endorsements are made under the Indian Registration Act, obliging the registering officer to promptly return the deed.

JUDGMENT :

A.C.BEHERA, J.

This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the Sub-Registrar, Athagarh (O.P. No.3) for returning the registered sale deed to the petitioner stating in his writ petition that, he (petitioner) is the purchaser in the sale deed i.e. original of Annexure-2.

The said deed was presented on dated 09.06.2017 before the Sub-Registrar, Athagarh after its execution and completion of all the formalities for registration of the same and the vendors of the deed, petitioner (vendee), identifier and witnesses were also remained present before the Sub-Registrar, Athagarh (O.P. No.3). The said deed was registered by the Sub-Registrar, Athagarh (O.P. No.3) with necessary endorsements by him (O.P. No.3) at the backside of the 1^st page of the deed with his seals and signatures in all the pages of the said deed and ticket was issued to the petitioner for receiving that registered deed from the office of the O.P. No.3. Then, seven days after, the O.P. No.3 did not return that registered sale deed to the petitioner stating that, as there is objection by some of the co-sharers of the vendors of that sale deed and the said objection of the co-sharers of the vendors of the deed has been fixed for hearing by him (O.P. No.3), he (O.P. No.3) cannot return that sale deed. For which, without getting any way, the petitioner filed this writ petition praying for directing the Sub-Registrar, Athagarh (O.P. No.3) for returning the registered sale deed i.e. original of Annexure-2.

2. The Sub-Registrar, Athagarh (O.P. No.3) filed its counter in this writ petition and objected the same taking his stands that, the number reflected in the said deed as 724 is not the registered number of the deed. Because, as per Section 60 of the Registration Act, 1908, the numbers of the sale deeds have been generating through computer system since 2008. So, the number reflected in the deed as 724 is the ID number, but not the document number.

The specific plea/case of the O.P. No.3 (Sub-Registrar, Athagrah) in his counter is that, though almost all the formalities of registration of the deed in question for registration were completed, but that deed was not admitted to registration due to transfer of the undivided joint properties by its vendors without the consent of their co-sharers. For which, the said deed has not been returned to the petitioner, as that has not been registered as yet, though the formalities of the said deed for registration i.e. presentation of the deed, realisation of fees and admission of execution were completed. That deed is still pending for registration in the office of O.P. No.3, because the said deed has not been registered as yet for the above reasons. That apart, eight numbers of objections have been filed by the co-sharers of the vendors of the petitioner and the said objections are required to be decided. As the sale deed in question has not been registered till yet, the writ petition filed by the petitioner for the return of the said deed cannot be allowed.

Therefore, the writ petition filed by the petitioner is liable to be rejected, as the same has no merit.

3. The O.P. Nos.4 to 12 have filed their counter challenging the writ petition of the petitioner taking their stands that, they (O.P. Nos.4 to 12) are the co-owners of the Plot No.2555 under Khata No.35 covered under the deed in question and the said Plot No.2555 under Khata No.35 is their joint and undivided properties, in which,