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1998 Supreme(P&H) 634

G.C.GARG, B.RAI
Hari Singh – Appellant
Versus
Sub Registrar – Respondent


Judgment

B.Rai, J.

1. This petition under Article 226/227 of the Constitution of India has been filed with a prayer to issue a writ in the nature of certiorari for quashing the orders dated 1.10.1996 Annexure P-1 and dated 19.11.1996 Annexure P-2 passed by respondent No. 1 and 2 respectively with a further prayer for directing respondent No. 1 to register the sale deed dated 1.10.1996 executed by petitioner No. 1 in favour of petitioner No. 2 which has been refused to be registered by respondent No. 1.

2. Case of the petitioner No. 1 is that his father was owner in possession of piece of land situated in Mohalla Nalapur, Narnaul. After the death of his father, the said property was inherited by the petitioners mother, his one brother and four sisters. Mother of petitioner No. 1 also got sanctioned a building plan for constructions of two rooms from the Municipal Committee, Narnaul, vide resolution dated 5.12.1990. Thereafter, mother of the petitioner No. 1 expired and the construction could not be carried out. Family of petitioner No. 1 was in need of money, therefore, they agreed to sell the aforesaid plot in dispute measuring 39 square yards in favour of the petitioner No. 2 for a










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