Facts
The petitioner purchased 1,159 sq. ft. in Survey No. 154/2B under a registered sale deed dated 3 May 2021.
Source reference: p. 2The Sub-Registrar returned the petitioner’s rectification deed, stating that the land in Survey No. 154/2B had been conveyed through persons who lacked title.
Source reference: p. 2The petitioner alleged that Gift Deed No. 498 of 1982, executed in favour of Kathija Beevi, mistakenly referred to Survey No. 154/2B, although it concerned other survey fields.
Source reference: pp. 3–4He relied on UDR entries said to record Kathija Beevi’s name in other fields, while the petitioner’s asserted chain of title to Survey No. 154/2B ran through separate conveyances.
Source reference: pp. 3–4He challenged the refusal by writ petition under Article 226.
Source reference: p. 1Issues
1. Whether the refusal to accept the rectification deed should stand where the petitioner alleged that Survey No. 154/2B was mistakenly included in the 1982 Gift Deed and the available records required examination.
Source reference: pp. 2–5, paras. 7–92. Whether the Sub-Registrar should verify the relevant records and reconsider the rectification deed, including by seeking information from Kathija Beevi.
Source reference: p. 5, para. 9Law Applied
The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution.
Source reference: p. 1The Court applied no specific statutory provision or precedent in its reasoning.
Source reference: p. 5, paras. 8–9It directed the registration authority to verify the relevant documents and materials and reconsider the request in accordance with law; the order did not determine title to the land or establish that the survey-number reference was erroneous.
Source reference: p. 5, paras. 8–9Reasoning
The Court observed that the UDR entries prima facie supported the petitioner’s account that the conveyances in his chain related to Survey No. 154/2B, while Kathija Beevi’s name appeared in respect of other survey fields and not Survey No. 154/2B.
Source reference: p. 4, paras. 6–7Because the records required examination to determine whether the properties were distinct and whether the reference in the Gift Deed was an error, the Court considered a survey and verification of the relevant materials necessary before the rectification request could be decided.
Source reference: pp. 4–5, paras. 8–9Holding
The Court disposed of the writ petition without directly ordering registration or rectification.
It directed the Sub-Registrar to verify the relevant records and materials, reconsider the rectification deed, and, if necessary, obtain information from Kathija Beevi before passing appropriate orders in accordance with law.
Source reference: p. 5, para. 9No costs were ordered, and the connected miscellaneous petition was closed.
Source reference: p. 5, para. 10Original Court PDF
AcchuthanvsThe Inspector General of Reg
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