From the above, it is clear that no document other than a will shall be accepted for registration unless presented to the Registering Authority within four months from the date of its execution. In the case on hand, it is obvious that the subject lease of agreement was executed on 20.11.2019 and appears to be presented before the Registering Authority and on acceptance and stated to have been orally given various dates to attend for registration drawn the Challan bearing No.5149659836504 on
12.03.2020, which is within the prescribed period of four months from the date of its execution and the actual date of four months would be completed on 20.03.2020. Though the statute makes it imperative to present an instrument for registration within four months from the date of its execution, no time is fixed within which a deed presented and accepted for registration must be registered; and, indeed, from the nature of the requirements of the Act, the period within which the registration must be completed could not have been fixed. Earlier, this
Court, in W.P. No.313 of 2020 on 01.10.2020, dealt with the similar
aspect and held at para 10 as under:
“….Since there is no period of limitation to register the
document, once it was presented before the authority
concerned within four (4) months after its execution and
when it was accepted for registration, registering the
document at a later stage i.e, on 31.08.2019 (after lapse of
22 years), cannot be faulted.” {Para 10}
TELANGANA HIGH COURT
WRIT PETITION No.15986 OF 2020
Tata Consumer Products Limited and another Vs The State of Telangana
Coram: SRI JUSTICE N.V. SHRAVAN KUMAR
Heard the learned counsel for the petitioners and the learned
Government Pleader for Revenue appearing for the respondents.
With their consent, this writ petition is disposed of at the threshold.
2. This writ petition has been filed questioning inaction of the
respondents No.3 and 4 in considering the representations dated
16.03.2020, 19.08.2020 and 08.09.2020, stated to have been made by
the petitioners, and seeking consequential direction to the
4th respondent to register the lease deed dated 20.11.2019 considering
the challan bearing No.5149659836504, dated 12.03.2020.
3. It is the case of the petitioners that they have entered into a lease
agreement dated 20.11.2019, pertaining to the subject property of the
writ petition, and the registration of the same was scheduled on
09.03.2020, but on the said day, the office of the Sub-Registrar,
4th respondent, was declared as a holiday. Subsequently, the date of
registration was rescheduled to on 16.03.2020 and the requisite stamp
duty of Rs.14,76,500/- was paid to the 4th respondent through bank
transfer on 12.03.2020.
4. While the things stood thus, as the 1st petitioner hails from
Bangalore, Karnataka State and due to the COVID-19 pandemic,
the State of Karnataka was placed under lockdown. Thus,
the presence of the 1st petitioner before the 4th respondent on 16.03.2020
has become impossible. Explaining the said reasons, the petitioners
stated to have made a representation on 16.03.2020 to the
4th respondent requesting to extend the validity of registering the lease
deed dated 20.11.2019. In view of the fact that the entire country was
placed under lockdown from 22.03.2020 onwards, the petitioners could
not appear before the 4th respondent for registration of the subject lease
agreement. It is also stated that subsequently the petitioners made
representations on 19.08.2020 and 08.09.2020 to the 3rd and 4th
respondents respectively with the similar aforesaid request.
5. Further, it is submitted that the petitioners were orally informed
that they can attend for registration of subject agreement on or before
20.09.2020, which was the date of expiry of the challan dated
12.03.2020 and as such, the date of registration was again rescheduled
between 11.09.2020 and 14.09.2020.
6. While so, the 1st respondent issued blanket G.O.Ms. No.102 dated
07.09.2020 with a direction to stop registration pertaining to immovable
properties across the State of Telangana with effect from 08.09.2020
until further orders.
7. Narrating the above circumstances, the learned counsel for the
petitioners submits that registration of subject agreement can be
extended as per the saving clause under Section 23 of the Registration
Act, 1908 (For short “the Act”) with the order of this Court. In view of the
above provision, he requested that the petitioners may be accommodated
in such peculiar circumstances for registering their subject lease deed by
extending the validity of registration period and challan dated
12.03.2020. Further, by placing a copy of the order dated 10.01.2022
passed in Miscellaneous Application No.2 of 2022 in Miscellaneous
Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020 by
the Hon’ble Apex Court, he contended that the period from 15.03.2020
till 28.02.2022 stand excluded for the purposes of limitation and
therefore, the same may be made applicable to the petitioners’ case also.
8. On the other hand, the learned Assistant Government Pleader for
Revenue submits that the official respondents will follow the procedure
contemplated under Section 71 of the Act, duly taking into consideration
the Section 23 of the Act.
9. For better appreciation of the case, Section 23 of the Act is
extracted hereunder:
“Time for presenting documents:- Subject to the
provisions contained in sections 24, 25 and 26, no
document other than a will shall be accepted for
registration unless presented for that purpose to the
proper officer within four months from the date of its
execution:
Provided that a copy of a decree or order may be
presented within four months from the date on which the
decree or order was made, or, where it is appealable,
within four months from the day on which it comes final.”
10. From the above, it is clear that no document other than a will shall
be accepted for registration unless presented to the Registering Authority
within four months from the date of its execution. In the case on hand,
it is obvious that the subject lease of agreement was executed on
20.11.2019 and appears to be presented before the Registering Authority
and on acceptance and stated to have been orally given various dates to
attend for registration drawn the Challan bearing No.5149659836504 on
12.03.2020, which is within the prescribed period of four months from
the date of its execution and the actual date of four months would be
completed on 20.03.2020. Though the statute makes it imperative to
present an instrument for registration within four months from the date
of its execution, no time is fixed within which a deed presented and
accepted for registration must be registered; and, indeed, from the
nature of the requirements of the Act, the period within which the
registration must be completed could not have been fixed. Earlier, this
Court, in W.P. No.313 of 2020 on 01.10.2020, dealt with the similar
aspect and held at para 10 as under:
“….Since there is no period of limitation to register the
document, once it was presented before the authority
concerned within four (4) months after its execution and
when it was accepted for registration, registering the
document at a later stage i.e, on 31.08.2019 (after lapse of
22 years), cannot be faulted.”
11. The Hon’ble Apex Court vide its order dated 10.01.2022 in
Miscellaneous Application No.2 of 2022 in Miscellaneous Application
No.665 of 2021 in Suo Motu Writ petition (C) No.3 of 2020 considering
the impact of the surge of the virus on public health and adversities
faced by the general public directed that the period from 15.03.2020 till
28.02.2022 shall stand excluded from the purposes of limitation as may
be prescribed under any general or special law in respect of all judicial or
quasi judicial proceedings.
12. In the present case, after perusing the record, admittedly the effect
of COVID-19 pandemic caused hardship to both the parties i.e.
petitioners and the respondents and that the petitioners made
representations from time to time and there is no negligence on the part
of the petitioners. Even as per the record, the Challan is paid on
12.03.2020 within the prescribed period of four months from the date of
execution of the subject lease deed dated 20.11.2019, which was
accepted by the Registering Authority and thereby the registration date
was initially scheduled on 09.03.2020 but due to declaration of holiday on the said day, thereafter the registration dates were rescheduled from
time to time. Since the Challan was paid and registration dates were
already scheduled from time to time no prejudice would be caused to the
respondents if the registration is carried out. In view of the same,
the petitioners’ case is found to be sustainable.
13. Having regard to the facts and circumstances of the case and the
submissions made by the learned counsel on either side and the
observations made in the order dated 01.10.2020 in W.P. No.313 of 2020
by this Court and the order dated 10.01.2022 passed by the Hon’ble
Apex Court in Miscellaneous Application No.2 of 2022 in Miscellaneous
Application No.665 of 2021 in Suo Motu Writ petition (C) No.3 of 2020,
into consideration, I deem it appropriate to dispose of the writ petition
with the following directions:
i) The respondents, particularly respondents No.3 and 4, before
whom the aforesaid representations stated to have been made,
are directed either to consider the representations dated 16.03.2020,
19.08.2020 and 08.09.2020 seeking extension of the validity of the
registration of the subject lease agreement dated 20.11.2019, coupled
with the provision of Sections 23 and 71 of the Act, and pass appropriate
orders, in accordance with law, within a period of four weeks, from the
date of receipt of a copy of this order, or
ii) To entertain the registration of subject lease deed dated 20.11.2019,
if it is otherwise in order, duly extending the validity of the registration of
subject lease deed and Challan bearing No.5149659836504, dated
12.03.2020.
iii) However, it will be open to the 4th respondent to refuse/receive the
document presented before him, if he has any other objection,
by duly assigning reasons in support of such decision and communicate
the said decision to the petitioners.
With the above directions, this writ petition is disposed of.
There shall be no order as to costs.
Consequently, miscellaneous applications, if any pending, shall
stand closed.
__________________________________
JUSTICE N.V.SHRAVAN KUMAR
Date: 10.06.2022
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