Ashrafali vs Hari Rama Bireje by Lrs. Civil Revision Petition 100038/2018 decided on 15 December 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/353887/1/CRP100038-18-15-12-2020.pdf
Facts: Suit for specific performance decreed. Original Judgment debtor refused to execute sale deed. Execution petition filed. The executing court appointed a Court commissioner to execute registered sale deed in favour of the plaintiff decree holder. The Sub-Registrar returned the document insisting no objection certificate under the Karnataka Scheduled Caste and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The execution petition was closed for the time being by the court with liberty to re-open when cause of action called for. This order was challenged before the Hon’ble High Court.
Relevant paragraphs: 7. Learned HCGP submitted that the role of the Sub- Registrar is not just to register each and every document produced before him for its registration, but wherever his act of registering the document is against any law or guidelines, then he can return the document un-registered. Stating that the said point has been extensively observed by the coordinate Bench of this Court, he placed a copy of the order dated 05.11.2020 passed by the coordinate Bench of this Court in the case of Sri. R. Sampath Vs. State of Karnataka by Its Secretary, Department of Revenue and Others, in W.P.No.18660/2013 (KLR-RES).
8. The Sub-Registrar is required to follow the procedure laid down under the Karnataka Registration Rules, 1965 (henceforth referred to as ‘the Registration Rules’, for brevity). Rules 69 to 81 of the Registration Rules, and more particularly, Rule 171(1) mentions that Sub-Registrar can also refuse registration of documents in terms of what is stated in the sub- rule. Therefore, though the Sub-Registrar has got the power to register a document, equally he has got power to refuse the registration of a document also, however, the said power of refusal must be exercised within the parameters prescribed under the Karnataka Registration Act, 1908 as well the Registration Rules.
9. Section 71 of the Registration Act mentions that reasons for refusal to register should be recorded. Rule 171 of the Registration Rules also mentions that reasons for refusal to register has to be recorded in Book No.2. When there is refusal for registration, as provided under Section 71 of the Registration Act, is appealable under Section 72 of the Registration Act. An appeal would lie to the Registrar to whom the said Sub-Registrar is sub-ordinate. Such an appeal is required to be filed within 30 days from the date of the order.
10. Thus, it is clear that a Sub-Registrar can refuse registration in terms of Section 71 of the Registration Act read with Rule 171 of the Registration Rules, for the reason recorded by him in book No.2….Therefore, it is very clear that, merely because an Executing Court has appointed a Court Commissioner for execution of a sale deed in favour of the decree holder, it does not necessarily mean that the Sub-Registrar should invariably register that document though according to him several of the requirements for its registration has not been complied with by the parties to the documents.
Therefore, suffice it to say that the Executing Court, though has not given the detailed reasons for its finding, however, has arrived at a finding for closure of execution petition for the time being reserving liberty to the decree holder to open it when cause of action calls for and also observing that the decree older had efficacious remedy before the Competent Forum for the alleged return of the document by the Sub- Registrar. I do not find any irregularity, perversity in the said order of the Executing Court warranting any interference at the hands of this Court.
Petition dismissed.
Compiled by S. Basavaraj, Advocate, Daksha Legal.
Daksha Legal 
This is truely acceptable. Is sub Registrar “an law officer or advocate or judgement” to know all laws. Because
Relevant paragraphs: 7. Learned HCGP submitted that the role of the Sub- Registrar is not just to register each and every document produced before him for its registration, but wherever his act of registering the document is against any law or guidelines, then he can return the document un-registered. Stating that the said point has been extensively observed by the coordinate Bench of this Court, he placed a copy of the order dated 05.11.2020 passed by the coordinate Bench of this Court in the case of Sri. R. Sampath Vs. State of Karnataka by Its Secretary, Department of Revenue and Others, in W.P.No.18660/2013 (KLR-RES).. Beacuse it says that” *but wherever his act of registering the document is against any law or guidelines, then he can return the document un-registered* ” It covers or says *”any law or guidelines”* . How does an sub Registrar know all law or guidelines. Yes if it is with respect to PTCL, it is true. But how about ” any law or guidelines”. Need to rethink our it. .
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