Documents registration of which is optional are also required to be presented within the time prescribed in Section 23 of the Registration Act, 1908.

Ashok Bhushan & Virendra Singh, JJ. - By this writ petition the petitioner has prayed for a mandamus directing the respondent no. 2 to register the decree dated 22.1.2006 passed in Original Suit No. 441 of 2006.

2. Counter and rejoinder affidavits have been exchanged between the parties.

3. Brief facts which emerge from the pleadings of the parties are that petitioner no. 1 filed a Suit No. 441 of 2006 for declaration before the Civil Judge (Senior Division), Bijnor against petitioner nos. 2 to 6. A compromise application was filed by the plaintiff and defendants in original suit on 27.10.2006. On 27.10.2006 the compromise was verified and by an order dated 8.11.2006 the compromise decree was passed by the civil court. A compromise decree was prepared on 22.11.2006. A representation dated 28.1.2010 was submitted by petitioners annexing a photo copy of the compromise decree before the Sub-Registrar stating that they want to get the compromise decree registered. The representation of the petitioners was neither accepted nor any steps were taken by the Sub-Registrar for registration of the decree, hence, the petitioners filed the present writ petition.

4. Learned counsel for the petitioner submits that Sub-Registrar has not taken steps for registration of the decree on the ground that time for getting the compromise decree registered has expired and in view of the same the registration is not permissible.

5. A counter affidavit has been filed on behalf of the respondent no. 2. In the counter affidavit stand has been taken that since the petitioners did not present the decree in the time prescribed, the said decree cannot be accepted for registration.

6. Learned counsel for the petitioner in support of the writ petition contended that registration of compromise decree is optional under Section 18 of the Registration Act, 1908 (hereinafter referred to as the Act). Hence, the provision for time for presenting documents for registration as contained in Section 23 is not applicable. He submitted that registration being optional, writ petitioner has right to present the decree at any time.

7. We have considered the submission of the learned counsel for the petitioner, and have perused the record.

8. Section 17 of the Act provides for documents of which registration is compulsory. Section 18 provides for the documents of which registration is optional. Section 18 of the Act reads as follows:-

" 18. Documents of which registration is optional.- Any of the following documents may be registered under this Act, namely:-

(a) instruments (other than instruments of gift and wills) which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of a value less then one hundred rupees, to or in immovable property;

(b) instruments acknowledging the receipt or payment of any consideration on account of the creation, declaration, assignment, limitation or extinction of any such right, title or interest;

(c) leases of immovable property for any term not exceeding one year, and leases exempted under section 17;

[(cc) instruments transferring or assigning any decree or order of a Court or any award when such decree or order or award purports or operates to create, declare, assign, limit or extinguish, whether in present or in furture, any right, title or interest, whether vested or contingent, of a value less than one hundred rupees, to or in immovable property;]

(d) instruments (other than wills) which purport or operate to create, declare, assign, limit or extinguish any right, title or interest to or in movable property;

(e) wills; and

(f) all other documents not required by section 17 to be registered."

9. Section 23 of the Act provides for the time for presenting documents. Section 25 of the Act provides for a provision where delay for presentation is unavoidable. Sections 23 and 25 of the Act are quoted as below.

"23. Time for presenti