The Sub Registrar v. Sikander Singh

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction [ CIRCUIT BENCH AT PORT BLAIR ] *** MA/7/2022 The Sub Registrar .. Appellant Vs.

Sikander Singh .. Respondent Mr. Shatadru Chakraborty Mr. Ramendu Agarwal .. for the appellant Ms. Anjili Nag .. for the respondent September 26, 2022 [SR] Item no.2 Mr. Ankit Yadav, Additional District Magistrate, South Andaman is present in Court in terms of the direction given by the order dated 23rd September, 2022 to explain as to how the subject transaction took place. Mr. Yadav has assumed the office only on 19th August, 2022 and as such cannot personally vouch for the incident which took place on 11th May, 2018 when the subject sale deed was presented for registration and returned on 20th June, 2018. However, Mr. Yadav admits that at the relevant point of time, the book no.2 as required under provisions of Section 51 of the Registration Act, 1908 (in short "the said Act") was not maintained.

Ms. Anjili Nag, learned advocate representing the respondent produces the original sale deed which is presented for registration on 11th May, and subsequently returned. No endorsement appears on the original sale deed which ought to have been there on the same being presented for registration.

It also appears to us, after hearing the parties, that the case is not of refusal to register as under Section 71 of the said Act. It also appears from the original sale deed that the

stamp duty and the registration charges as applicable on 11th May, 2018 were paid by the purchaser and with the certificate of such payment made electronically, the documents were presented. The Registering Authority appears to have acted in a very casual manner. Without following statutory provisions, the Registering Authority, after the documents being presented, made no endorsement on the document, did not issue any receipt, no entry in any of the books were made but simply returned it back the document on 20th June, again without any endorsement that too not to the person who had presented the same for registration but to some one else allegedly representing himself to be authorized person. An important document like sale deed enters the registration office on being presented for registration and goes out of such office without any endorsement or signature acknowledging return of the document. The stamp duty and the registration charges were also not refunded.

It further appears that on a subsequent date when the sale deed was presented for registration, the Registering Authority had asked the purchaser to pay stamp duty at the applicable rate on the date of presentation. Between 11th May, 2018 and the date on which the document was taken for subsequent presentation after having been returned, the circle rates in respect of the land sought to be transferred had increased. The seller objected to payment of higher stamp duties and therefore, had approached this Court for necessary direction by filing the writ petition being WP No.039 of 2021. The said writ petition was disposed of by an order dated 26th February, 2021 by which the Registering Authority was directed to register the documents within a period of two weeks from the date of communication of the said order provided all formalities were complied with. The Sub-Registrar has challenged the said order in the instant appeal.

As discussed above, we find gross negligence on the part of the concerned Sub-Registrar while dealing with the documents in question. Had he followed the statutory procedure for return of the document upon being presented for registration with requisite stamp duty and registration charges, then he could have insisted for payment of stamp duty at higher circle rate upon the sale deed being subsequently presented for registration. Having not done so the registering authority cannot ask for payment of stamp duty and registration charges at present market rate. In the facts and circumstances as aforesaid, we dispose of the appeal recording the undertaking given by the Additional District Magistrate, South Andaman, who is personally present in Court, that the concerned sale deed will be registered by 12th October, 2022.

The registration shall be done on the basis of the stamp duty and the registration charges applicable as on 11th May, 2018 when the document was admittedly presented. The sale deed shall be presented for registration with the concerned registering authority by 28th September, 2022. The seller and the purchaser as described in the sale deed shall comply with all other formalities for the documents to be registered. The original sale deed and the original diary register as also book No.1 produced in Court today are returned back to the respective advocates.

( Arindam Mukherjee, J. ) ( Kausik Chanda, J. )