IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CWP No.3119 of 2009
Date of decision: February 27, 2009.
Ashwani Kumar & Anr.
...Petitioner(s)
v.
State of Punjab & Ors.
...Respondent(s)
CORAM:HON'BLE MR. JUSTICE SURYA KANT
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present: None for the petitioner.
ORDER
Surya Kant, J. – (Oral):
The petitioners seek a direction to the respondents for
registration of the sale deed.
The petitioners are brothers. Their case is that the subject
property was purchased by their father in a court auction in the year 1956.
After the demise of their father, the property was mutated in their favour in
equal shares and is duly reflected in the revenue records of Tehsil Payal.
The property is stated to be free from all types of incumbrances. The
petitioners wanted to sell the same and entered into an agreement to that
effect with respondents no.5 & 6 on 15.11.2008. A sum of Rs.5 lacs is
stated to have been received by the petitioners as earnest money. The
petitioners presented the sale deed in the office of the Sub-Registrar at
Payal, District Ludhiana – respondent No.4 on 28.11.2008 but he refused to
register the same on an plea that there is a complete ban on registration of
all types of instruments. The petitioners’ grievance is that due to delay in
registration, they are unable to receive the balance sale consideration, which
they need urgently. The petitioners have already represented to the
authorities on 8.12.2008 (Annexure P-3), followed by a legal notice dated
15.12.2008 (Annexure P-4), but no action has been taken so far.
Having gone through the contents of the writ petition and the
documents appended thereto and keeping in view the nature of the relief
sought in this writ petition, I deem it appropriate to dispose of the same with
a direction to respondents No.2 to 4 to take cognizance of the legal notice
served on behalf of the petitioners and issue appropriate directions to
respondent No.4, if so required, to register the sale deed presented by the
petitioners forthwith, provided that there is no legal impediment against
registration thereof. However, if the respondents No.2 to 4 are of the view
that, for some valid reasons, the sale deed cannot be registered, such reasons
shall be communicated to the petitioners within one week from the date of
receipt of a certified copy of this order.
February 27, 2009. [ Surya Kant ] kadyan Judge