Registrar, Sub-Registrar Not 'Court', Section 5 Limitation Act Not Applicable In Proceeding Under Registration Act: Allahabad High Court
The Allahabad High Court has held that the registrar and Sub-Registrar under the Registration Act are not Court and therefore, Section 5 of the Limitation Act will not be applicable to proceedings under the Registration Act. Justice Irshad Ali held“..the office of Registrar, Additional Registrar or the Sub Registrar may not be treated as a Court. Accordingly the provision contained in Section...
The Allahabad High Court has held that the registrar and Sub-Registrar under the Registration Act are not Court and therefore, Section 5 of the Limitation Act will not be applicable to proceedings under the Registration Act.
Justice Irshad Ali held
“..the office of Registrar, Additional Registrar or the Sub Registrar may not be treated as a Court. Accordingly the provision contained in Section 5 of the Limitation Act shall not be applicable in a proceeding under the Registration Act. Section 5 of the Limitation Act categorically extends the power for extension of period beyond the date of limitation provided by the Limitation Act or statute to a Court and not to other authorities.”
The disputed plot was registered in the name of Vedant Sanstha, Arya Nagar, Nanpara, District Bahraich. One, Pravin Kumar Sharma, claimed himself to the President of the society and executed a sale deed for the plot. He was summoned by the Sub-Registrar for recording his statement, but he did not turn up. As a result the sale deed was not registered.
The party who had purchased the plot filed an appeal which was time barred with an application under Section 5 of the Limitation Act. The District Registrar/A.D.M. Fandr Bahraich allowed the appeal without condoning the delay and directed the Sub-Registrar to register the sale deed. This order has been challenged before the High Court.
The Court held that the Sub-Registrars and Registrars are appointed by the Government under the Registration Act. It noted that Section 84 of the Act provides that every Registering Officer
shall deem to be a public servant but not a Judge or Judicial Officer.
“It is not necessary that every public servant should be a Judge or Judicial Officer, though a Judicial Officer or a Judge shall be a public servant. A person holding the post of Judicial Officer or a Judge is supposed to engage only to provide justice to the people. Such officer may not have responsibility which is being bore by ordinary Government servants.”
Holding that the provisions of the Limitation Act were inapplicable to the registration of a sale deed and an appeal from it, the Court quashed the impugned order which directed registration of the sale deed.
Case Title: Mohd. Yaqoob and another v. District Registrar/A.D.M. Fandr Bahraich and 2 others