Authentic execution and full consideration are essential for the registration of a sale deed, and mere signature on a blank paper does not suffice to validate execution.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri Santosh Kumar, the learned counsel for the petitioners, Sri S.K. Khare, the learned Standing Counsel appearing on behalf of the State and Sri Yogesh Singh, the learned counsel for the opposite party no.3, who has filed a short counter affidavit, which is taken on record.

2. By means of the instant petition filed under Article 226 of the Constitution of India the petitioners have challenged the validity of a judgment and order dated 10.10.2025, passed by the District Registrar/Additional District Magistrate, Finance and Revenue, Ambedkar Nagar in Case No.896 of 2022, under Section 72/73 of Registration Act, 1908.

3. Briefly stated, the facts of the case are that a registered agreement was executed by the petitioner nos.1 to 4 and Shambhunath, the predecessor of the petitioner nos.5 to 7 on 02.10.2021 to transfer the land bearing Gata No.2080, measuring 0.7600 hectare and Gata No.2148 measuring 0.6610 hectare situated at Village Atangi, Pargana and Tehsil Akbarpur, District Ambedkar Nagar, to the opposite party no. 3. The agreement states that the market rate of the property in question as per the rates fixed by the Collector, was Rs.84,47,000/-, but the sellers had agreed to sell the property for a consideration of Rs.28,00,000/-. Rs.2,00,000/- were paid by the opposite party no.3 to the sellers as advance and the balance Rs.26,00,000/- will be paid within a period of one year and a sale deed will be got executed.

4. On 26.05.2022, the opposite party no.3 - purchaser presented a sale deed dated 28.01.2022 purportedly executed by the aforesaid vendors in her favour in respect of the aforesaid property, for registration before the Sub- Registrar. The Sub-registrar refused to register the sale deed by means of an order dated 28.05.2022 stating that in view of the endorsement made on behalf of the seller at serial no. 8 of the minute book on 28.05.2022, the request for registration of the sale deed is rejected.

5. The opposite party no.3 filed an appeal under Section 72/73 of the Registration Act challenging the order dated 28.05.2022, passed by the Sub Registrar, inter alia stating that the vendors had executed the sale deed dated 28.01.2022 out of their own freewill, after receipt of the sale consideration. Thereafter, they avoided its registration on the pretext that the sale consideration had not been received in their bank account. Even after receipt of the sale consideration, they kept on avoiding registration of the sale deed and, therefore, the opposite party no.3 had presented the deed for registration under Section 36 of Registration Act. On 23.05.2022 the opposite party no.3 had given an application to the District Registrar stating that no orders were being passed by the Sub Registrar, whereupon the District Registrar issued a direction to the Sub Registrar. Thereafter the District Registrar declined to register the sale deed on the ground that the vendors had not appeared to admit the execution of the sale deed by 28.05.2022.

6. The vendors filed a written statement before the Registrar stating that the husband of the opposite party no.3 had paid Rs.2,00,000/- as advance and had obtained signatures/thumb impressions of the vendors on some blank papers; that the vendors had not executed any sale deed in their knowledge and that they had not received any sale consideration. It was also stated in the written statement that one of the vendors is a very low educate person and other four are illiterate village