Case Note & Summary
The petitioner, Ramesh Timmanna Umarani, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, seeking two reliefs: (a) a writ of certiorari to quash an endorsement dated 26.09.2023 issued by the respondent, the Sub-Registrar, Jamkhandi, in S.No./Uu.No.Ka.Ja/2023-24/47 (Annexure-G), and (b) a writ of mandamus directing the respondent to delete the entries in respect of an agreement of sale dated 15.04.2021 from the encumbrance certificate pertaining to RS No. 104/3K measuring 2 acres 34 gunthas, as requested by the petitioner in his representation dated 14.09.2023 (Annexure-F). The petitioner had entered into an agreement of sale on 15.04.2021, which was not registered. Subsequently, the petitioner wanted the entry of this agreement removed from the encumbrance certificate. The Sub-Registrar refused to delete the entry, stating that he had no power to do so. The petitioner then approached the High Court. The court considered the issue of whether the Sub-Registrar has the authority to refuse deletion of such an entry. The court noted that the Registration Act, 1908 does not empower the Sub-Registrar to make entries of agreements of sale in the encumbrance certificate. Therefore, the Sub-Registrar cannot refuse to delete such an entry. The court held that the impugned endorsement was without authority and liable to be quashed. Consequently, the court allowed the petition, quashed the endorsement dated 26.09.2023, and directed the respondent to delete the entry of the agreement of sale dated 15.04.2021 from the encumbrance certificate within two weeks.
Headnote
A) Registration Act, 1908 - Encumbrance Certificate - Deletion of Entry - Sub-Registrar's Power - The petitioner sought deletion of an entry of an unregistered agreement of sale from the encumbrance certificate. The Sub-Registrar refused, claiming lack of power. The High Court held that the Registration Act, 1908 does not empower the Sub-Registrar to make entries of agreements of sale in the encumbrance certificate. Therefore, the Sub-Registrar cannot refuse to delete such an entry. The impugned endorsement was quashed, and the respondent was directed to delete the entry. (Paras 1-5) B) Writ Jurisdiction - Certiorari and Mandamus - Erroneous Refusal by Sub-Registrar - The court exercised its writ jurisdiction under Articles 226 and 227 of the Constitution to quash the endorsement and direct deletion of the entry, as the Sub-Registrar acted without authority. (Paras 1-5)
Issue of Consideration
Whether the Sub-Registrar has the authority to refuse to delete an entry of an unregistered agreement of sale from the encumbrance certificate, and whether the Sub-Registrar can make such entries at all under the Registration Act, 1908.
Final Decision
The petition is allowed. The impugned endorsement dated 26.09.2023 (Annexure-G) is quashed. The respondent is directed to delete the entry of the agreement of sale dated 15.04.2021 from the encumbrance certificate pertaining to RS No. 104/3K measuring 2 acres 34 gunthas, within two weeks from the date of receipt of a copy of this order.
Law Points
- Sub-Registrar cannot refuse deletion of an unregistered agreement of sale from encumbrance certificate
- Registration Act
- 1908 does not empower Sub-Registrar to make entries of agreements of sale
- Writ of certiorari and mandamus lie against erroneous refusal by Sub-Registrar
