The Sub-registrar has no authority to refuse registration of a deed based on allegations of forgery, as disputes of title are exclusively within civil courts' jurisdiction.

JUDGMENT :

A.C. BEHERA, J.

1. This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the order of refusal of registration of the deed for sale of the petitioner passed on dated 05.12.2024 (Annexure-5 series) by the Sub-registrar, Berhampur-II, Ganjam (Opposite Party No.4) on the basis of the Letter No.11928 dated 14.10.2024 issued by the Tahasildar, Kukudakhandi, Ganjam indicating that, the deed for sale submitted by the petitioner before the Opposite Party No.4 for registration is a forged one and notice has been issued by him (Tahasildar, Kukudakhandi) to the petitioner for his appearance before him (Tahasildar, Kukudakhandi), but, he (petitioner) has not submitted any written statement as yet.

2. I have already heard from the learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3. As per the rival submissions of the learned counsels of both the parties basing upon the impugned order vide Annexure-5 series passed by the Sub-registrar, Berhampur-II, Ganjam (Opposite Party No.4), the crux of this writ petition is that, whether, the Sub-registrar, Berhampur-II (Opposite Party No.4) has power, jurisdiction or authority under law to refuse registration of the deed for sale of the petitioner on the basis of the Letter No.11928 dated 14.10.2024 of the Tahasildar, Kukudakhandi (Opposite Party No.5) stating that, the deed presented by the petitioner for registration is a forged one is sustainable under law?

4. The law on this aspect has already been clarified in the ratio of following decisions :-

(i) In a case between Bihar Deed Writers Association and others vrs. State of Bihar and others : reported in 1989(2) Civil Court Cases- 172 (Patna)—If the transferor does not have any title or has an imperfect title in the property for sale, the transferee on transfer will either get no title or he will get an imperfect title. This will be to the prejudice of the transferee and is not of any concern to the registering authority. The registering authority is bound to register it.

(ii) In a case between Balachandran vrs. Sub-Registrar and others and Premakumaran and others vrs. Sub-Registrar and others: reported in 2023(3) Civil Court Cases-609(Kerala)—Persons executing document can only transfer right that, they have—Merely because, they are purporting to transfer possessory rights and they are not been able to produce any prior documents cannot be a ground for Sub-register to refuse registration.(Para-4)

(iii) In a case between Kailash and others vrs. Sub-registrar of Assurance, Indore : reported in AIR 1985 (M.P.)-12(Para-15) that When, a document is presented, it is for the Sub-registrar to discharge its duties in accordance with law, which necessarily excludes extraneous considerations, as such, instructions or directions having no foundation in law and no public authority while so acting would introduce its own fanciful notions in the matter.

(iv) In a case between Tejpal and another vrs. State of Haryana and others : reported in 2015(Sup.1) Civil Court Cases-471(P&H) Sub-registrar cannot refuse to register a document on the ground of title, because, such dispute is exclusive domain of civil court and dispute of title can never be used before a Sub-registrar by any party.

(v) In a case between Ranjeet Singh and another vrs. The Deputy Commissioner-cum-Registrar, Ambala and another : reported in 2012(3) Civil Court Cases-736(P&H)— that, want of ownership and title of vendor—Jurisdiction of Registering Authority—It does not fall in the domain of registering authority to embark into the question of ownership when document is presented for re