|WP 309 / 2012||WPSR 57 / 2012||CASE IS:DISPOSED|
THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY
The petitioner intended to execute a Gift Deed in respect of Ac.1.00 of property in favour of his wife. His grievance is that the Sub-Registrar, Zaheerabad, Medak District – the 3rd respondent herein, is refusing to register the document on the ground that the 4th respondent filed a suit for partition. He contends that there was no discretion on the part of the 3rd respondent in refusing to register the document particularly when Section 22-A of the Registration Act, 1908 does not apply to the property in question.
The 3rd respondent filed a counter affidavit. He stated that the petitioner did not present any document at all and that in case the document is presented in accordance with law, he would process the same as per the relevant provisions.
Heard learned counsel for the petitioner and learned Government Pleader for Revenue.
It appears that the Sub-Registrar, who held the office till recently, refused to receive the document presented by the petitioner on the ground that a suit for partition filed by the 4th respondent is pending. Unless the concerned Court has passed an order of temporary injunction, the Sub-Registrar cannot refuse registration. Obviously realising this, the present incumbent of the office of the
3rd respondent stated, in all fairness, that in case the petitioner presents the document, he would receive and process the same.
Hence, the writ petition is disposed of directing that in case the petitioner presents the Gift Deed, the 3rd respondent shall receive and process the same, unless any Court of competent jurisdiction has prohibited the same through an order of injunction.
The miscellaneous petition filed in the writ petition also stands disposed of.
There shall be no order as to costs.
L. NARASIMHA REDDY, J.