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2011 Supreme(All) 2080

SUDHIR AGARWAL
RAISA BEGAM – Appellant
Versus
DISTRICT REGISTRAR, SAHARANPUR – Respondent


Advocates:
Counsel :
Pankaj Agrawal for the Petitioner; Madhusudan Dikshit and R.C. Srivastava, C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sudhir Agarwal, J.—The writ petition is directed against the order dated 11.2.2010 passed by respondent No. 1, i.e. District Registrar, Saharanpur, in Appeal No. 3/4/2007, allowing the application of respondent No. 2 under Sections 72 and 73 of the Indian Registration Act, 1908 (hereinafter referred to as the ‘Act’), directing Sub Registrar to register the instrument allegedly executed by the petitioner in respect to property in dispute, mentioned in the alleged sale-deed dated 28.2.2007.

2. Brief facts giving rise to the dispute are as under: -

3. The petitioner is the owner of Plot No. 334 Hata No. 264 measuring 0.7630 hectares at Mauza Salampur, Village Bhukadi, District Saharanpur. Respondent No. 1 filed an application on 9.5.2007 under Section 73 of the Act, alleging that the petitioner has executed an instrument on 28.2.2007 in respect to the said property, affixing her signature and thumb impression on the sale-deed, registration whereof has been denied by the Sub Registrar, hence, he be directed to register the same. It is also alleged that total consideration was Rs. 3 lakhs out of which Rs. 2,50,000/- was paid and Rs. 50,000/- would be paid at the time of re






















































































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