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High Court Of Allahabad
R. B. Lal, J.
Radha Swami Satsang Sabha, Dayalhagh Agra : Appellant
Versus
District Registrar, Agra : Respondent
Civil Misc. Writ No. 6310 of 1978
Decided On : Mar 29, 1984
URBAN LAND (CEILING AND REGULATION) ACT, 1976 - SECTION 27(1), 28(B) - REGISTRATION ACT, 1908 - SECTION 17(1)(E) - ASSIGNMENT OF DECREE - TRANSFER OF IMMOVABLE PROPERTY - REGISTRATION - NECESSITY - DECREE CREATING RIGHT TO OR INTEREST IN IMMOVABLE PROPERTY - ASSIGNMENT OF DECREE - EFFECT - TRANSFER OF IMMOVABLE PROPERTY - REGISTRATION - NECESSITY.
Fact of the Case:
The Radhaswami Satsang Sabha, petitioner no. 1, owned property in Jaganpur, Agra, occupied by Chandra Bhan. The Sabha obtained a decree for possession and damages in a suit against Chandra Bhan. Smt. Asha Rani, petitioner no. 2, offered to purchase the decree for Rs. 6000/-, and a deed of assignment was executed on 20-8-1977. The Sub-Registrar refused to register the deed without permission from the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (the Act). The petitioners challenged this refusal in a writ petition.
Finding of the Court:
The court held that the deed of assignment of the decree was a transfer of immoveable property within the meaning of section 27(1) and section 28(b) of the Act and, therefore, required registration under section 17(1)(e) of the Registration Act. The court found that the deed, though appearing to be an assignment of the decree, had the effect of transferring all rights and interests in the property covered by the decree to the vendee, amounting to a virtual sale of the property.
Issues: Whether the deed of assignment of the decree was a transfer of immoveable property within the meaning of section 27(1) and section 28(b) of the Act, requiring registration under section 17(1)(e) of the Registration Act.
Ratio Decidendi: The court interpreted the terms 'transfer' and 'otherwise' in section 27(1) and section 28(b) of the Act broadly to include all forms of conveyance of property involving urban or urbanisable land with a building thereon. The court also considered the meaning of the word 'purports' in section 28 and held that it should be taken to mean 'has the effect of.' The court found that the deed of assignment, though purporting to be an assignment of the decree, had the effect of transferring the immoveable property to the vendee and, therefore, fell within the ambit of section 27(1) and section 28(b) of the Act.
Final Decision: The court dismissed the writ petition, upholding the orders of the Sub-Registrar and the District Registrar requiring permission from the Competent Authority under the Act for the registration of the deed of assignment.
R. B. Lal, J.
1. BY this writ petition u/Article 226 of the Constitution the petitioners pray for quashing the order of the District Registrar, Agra dated 9-1-1978 and the order of the Sub-Registrar dated 31-8-1977 and for issue of a writ of mandamus directing the respondents to register the deed of assignment dated 20th August, 1977.
2. THE facts leading to this writ petition are these : THE Radhaswami Satsang Sabha, petitioner no. 1 (briefly the Sabha) owns some property (houses and a shop) situate in Jaganpur within the urban agg'omeration of Agra. This property was in occupation of one Chandra Bhan. THE Sabha filed suit no. 235 of 1968 in the court of Civil Judge, Agra, for recovery of possession over the said property after ejectment of Chandra Bhan. THE suit was decreed for the relief of possession and recovery of damages for use and occupation on 1-8-1974. THEreafter Smt. Asha Rani, petitioner no. 2, offered to purchase the said decree for a consideration of Rs. 6000/-, and a deed of assignment was executed on 20-8-1977. Tne Sub Registrar refused to register the deed of assignment unless the permission of the Competent Authority under the Urban Land (Ceiling and Regulation) Act, 1976 (briefly the Act) was obtained. Against this order of the Sub-Registrar, the present petitioners filed an appeal before the District Registrar Agra under section 72 of the Indian Registration Act. THE District Registrar also held that obtaining the permission of the Competent Authority under the provisions of the Act, was necessary.
The orders of the Sub Registrar and the District Registrar have been challenged in this writ petition.
3. I have heard learned counsel for the parties.
4. A non-testamentary instrument transferring or assigning any decree of a court when such decree purports or operates to create any right, title or interest in immovable property, is compulsorily registrable under clause (e) of sub-section (1) of Section 17 of the Indian Registration Act. The decree obtained by the Sabha in suit no. 235 of 1968 on 1-8-1974 is a decree falling within the four corners of clause (e) and, therefore, it is compulsorily registerable. This legal position has not been disputed by the learned counsel for the petitioners
The Sub-Registrar did not refuse to register the deed of assignment on account of non compliance with any provision of the Registration Act; he refused to register the said deed, which is compulsorily registerable under the Registration Act, in view of the provisions contained in section 28 of the Act. This section enjoins on a registering officer not to register documents of certain categories unless the transferor produces before him permission in writing of the Competent Authority for such transfer. Section 28 clause (b) and sub-section (1) of Section 27 of the Act are relevant in this connection and their relevant portions read thus :
" 28. Regulation of registration of documents in certain cases; Notwithstanding anything contained in any other law for the time being in force, where any document required to be registered under the provisions of clauses (a) to (e) of sub-section (1) of Section 17 of the Registration Act, 1908 (16 of 1908), purports to transfer by way of sale, mortgage, gift, lease or otherwise any land, or any building (including any portion thereof)- (a)......... (b) in the case of transfer referred to in section 27 no registering officer appointed under that Act shall register any such document unless the transferor produces before such registering officer the permission in writing of the competent authority for such transfer or satisfies the registering officer that the period of sixty days referred to in sub-section (4) of that Section has lapsed.
"27. Prohibition of transfer of urban property-(1) Notwithstanding anything contained in any other law for the time being in force but subject to the provisions of sub section (3) of Section 5 and sub section (4) of section 10, no person shall transf
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