The Telangana High Court on Thursday set aside a single judge order prohibiting the Kukatpally Sub-Registrar from registering 119 acres of land in Kukatpally by M/s Prime Properties to others.
The verdict said that the Sub-Registrar should process the registration application of M/s Prime Properties subject to compliance with provisions of the Indian Registration Act, 1908 and Indian Stamps Act, 1899. Delivering the judgment, the bench of Chief Justice Raghvendra Singh Chauhan and Justice A. Abhishek Reddy said the Sub-Registrar, however, can refuse or receive the document presented before him if he finds any objections.
‘Explain reasons’
The Sub-Registrar should explain the reasons for refusing the registration and communicate the same to the applicants, the verdict said. “It is made clear that mere registration of document does not confer title to the property and does not prevent any other party to assert its title in any pending suits or otherwise,” the judgement said.
The bench observed that the Bhagyanagar Co-operative Housing Society Limited moved the High Court even before the Registration authorities processed the application of Prime Properties for registration of land in favour of two others. There was no cause of action for the society and its petition was premature, the bench said in its order.
The Society, claiming rights over the land through Mir Fazilath Hussain, cannot question the document which was executed in the year in 1952 in favour of Hashim Ali, according to the judgment.
The bench said the Society on one hand said the disputed lands in 119 acres are agricultural lands but in an affidavit it maintained that the lands are divided into 2,000 plots with roads, flyovers and drainage pipes.
“Obviously, the nature of the land cannot change according to the whims and fancies of the party,” the verdict said.
Therefore, the provisions of the Agricultural Ceiling Act will not apply to these lands.