01Facts
The petitioner claimed ownership of five properties in Survey No. 123 and sought to sell them. After an earlier writ petition, the High Court had directed the Revenue Authorities to conduct Phodi and Durasti of the entire survey number within six months; that direction had not been implemented.
¶ 2–8, 11–13The petitioner later sought registration of a sale deed, but the Kaveri portal did not accept the documents and the Sub-Registrar declined physical registration. The petitioner asked the Court to direct registration without requiring an 11-E sketch, while the respondent maintained that the properties’ records were incomplete and that registration required proper property particulars.
¶ 2–8, 11–1302Issues
i.1. Whether the petitioner could require the Sub-Registrar to register the sale deed without producing the required 11-E sketch and completing Phodi and Durasti.
¶ 5–9, 14–16ii.2. Whether the Sub-Registrar could be faulted for declining registration where the required particulars identifying the properties had not been furnished.
¶ 13–1603Law Applied
The Court applied the requirements of the Karnataka Land Revenue Act concerning Phodi and Durasti for proper identification and assessment of land, and treated production of an 11-E sketch as an essential document for registration of the landed properties in this case.
¶ 14–16It found no provision of law had been shown that exempted the petitioner from producing the sketch. The Court cited no precedent.
¶ 14–1604Reasoning
The five properties differed in measurement, nature and character, and the petitioner sought registration before the earlier direction for Phodi and Durasti had been implemented.
¶ 8–9, 14–16The 11-E sketch produced by the petitioner related to Survey No. 15/1, not the properties in Survey No. 123 and its sub-numbers. In the absence of the required survey particulars and property identification, the Court held that the petitioner could not insist on registration or on physical acceptance of the deed; the Sub-Registrar could not be faulted for declining it.
¶ 8–9, 14–1605Holding
The Court declined to issue the requested mandamus and disposed of the petition.
¶ 17–19It left the petitioner to secure implementation of the earlier order directing Phodi and Durasti and then seek registration in accordance with law.
¶ 17–19Original Court PDF
MR INESIO ALMEIDA COUNTINHO S/O JOSE PEDRO COUTINHOvsTHE SUB REGISTRAR JOIDA
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
