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1986 Supreme(P&H) 65

S.S.KANG
Krishna Gopal Kataria – Appellant
Versus
State Of Punjab – Respondent


Judgment

1. At issue, in this writ petition under Arts.226 and 227 of the Constitution is the legality and validity of instructions dt. Oct. 21722, 1982 (Annexure-P-3), issued by the Additional Deputy Commissioner, Patiala, debarring Sub-Registrars from registering the sale or lease deeds in respect of the properties pertaining to religious places and Deras; orders dt. March 14, 1983 (Annexure-P-2) passed by the Sub-Registrar, Patiala declining to register the lease-deed presented by the petitioner and the order dt. June 1, 1984, of the Registrar, Patiala (Annexure-P-4), dismissing the petitioners appeal against the orders of the Sub-Registrar.

2. A broad brush backdrop will help to delineate the contours of forensic controversy :-

3. Surinder Singh, petitioner 2, took on perpetual lease land measuring 4 Bighas belonging to Shivala Mandir, situate in village Badungar, Tehsil and District Patiala vide a registered lease deed dt. July 15, 1982, This land represented 1/3rd share of Khasra No. 456- min measuring 12 Biswas. It was stipulated in the lease deed that the lessee was entitled to sub let the property on the same terms and conditions on which lease was granted to him. Petitione

















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