Court rules that Sub-Registrars and Registrars, as public servants, cannot condone delays under the Limitation Act, impacting sale deed registrations.
In a significant judgment delivered on March 10, 2026, the Allahabad High Court, presided over by Justice Irshad Ali, quashed an order directing the registration of a sale deed due to lack of jurisdiction. The case, Mohd. Yaqoob v. District Registrar/A.D.M. Fandr Bahraich, centered around the applicability of Section 5 of the Limitation Act, 1963, to proceedings before authorities such as Sub-Registrars or Registrars under the Registration Act, 1908.
The dispute involved plot numbers 41 and 42 in Bahraich district, originally recorded in the name of Vedant Sanstha. The President of the Society, Pravin Kumar Sharma, executed a sale deed which the Sub-Registrar refused to register due to Sharma's failure to admit execution. An appeal was filed, but it was time-barred, and the appellate authority allowed it without jurisdiction, directing registration of the sale deed. This order was challenged by Mohd. Yaqoob, leading to the current writ petition.
Justice Ali emphasized that Section 5 of the Limitation Act applies solely to courts and not to public servants like Sub-Registrars or Registrars, who do not function as judicial officers. Consequently, the appellate authority's order allowing the appeal without jurisdiction was deemed unsustainable, rendering the subsequent registration of the sale deed invalid.
The judgment clarifies the distinction between judicial officers and public servants under the Registration Act and underscores the limitations of the Limitation Act's applicability. The court's decision nullifies the impugned order and all actions consequential to it, including the sale deed registration.
Bottom Line:
The provisions of section 5 of the Limitation Act, 1963, are applicable to courts and not to authorities such as Sub-Registrars or Registrars functioning under the Registration Act, 1908, who are deemed to be public servants but do not act as judicial officers.
Statutory provision(s): Section 5 of the Limitation Act, 1963; Registration Act, 1908
