Sub-Registrar cannot refuse registration of document only on the ground that the title of the transferor, in his opinion, is defective

Learned APP submitted that the 7/12 extracts of the lands which were transferred showed the words "Akari Pad" in the occupant's column which indicate that the lands belonged to the government. Sub-Registrar ought to have verified the 7/12 extracts (revenue records) and should have refused the registration of the sale deeds. Selling the government lands amounted to a fraud on the government and by registering the sale deeds without verification of revenue records the applicant has committed an offence. It is settled principle of law that entries in the revenue records (7/12 extracts in case of agricultural lands and property register cards in case of urban lands) are made for fiscal purposes. They do not confer nor take away the title. Entries in the 7/12 extracts, though may have some presumptive value under the Maharashtra Land Revenue Code, are not by themselves proof of title nor do they confer title. Therefore, the mere fact that the properties were shown as "Akari Pad" that by itself was not the proof that the government was the owner of the lands. Even assuming that the government was the owner of the lands, as I have already indicated earlier section 34 of the Act does not require nor does it empower the Sub-Registrar to enquire into the title and to satisfy himself about the title of the transferor. Under the Act the Sub-Registrar is not required, nay not entitled, to ask the transferor to produce 7/12 extracts, property register extract or the like showing the transferor to be the owner of the property.

If he refuses registration of a document on the ground that the revenue records do not show the name of the transferor as the owner he would be exceeding his powers under the Act. If all other requirements of registration prescribed by the Act and the Rules are complied with, the Sub-Registrar cannot refuse the registration of a document only on the ground that the title of the transferor, in his opinion, is defective, or that the name of transferor is not shown as owner in the revenue records.[Para No.5]

Litigants who, with an intent to deceive and mislead the Courts, initiate proceedings without full disclosure of facts, is not entitled to any relief, interim or final

Further, the petitioner has concealed from this Court several orders passed by this Court as well as other Courts. She has not come to Court with clean hands. It is well settled that litigants who, with an intent to deceive and mislead the Courts, initiate proceedings without full disclosure of facts, such litigants have come with unclean hands and are not

entitled to relief. In 'Dalip Singh vs. State of Uttar Pradesh &Ors.' [(2010) 2 SCC 114] the Supreme Court observed that:

"In the last 40 years, a new creed of litigants has cropped up. Those who belong to this creed do not have any respect for truth. They shamelessly resort to falsehood and unethical means for achieving their goals. In order to meet the challenge posed by this new creed of litigants, the courts have, from time to time, evolved new rules and it is now well established that a litigant, who attempts to pollute the stream of justice or who touches the pure fountain of justice with tainted hands, is not entitled to any relief, interim or final".[Page No.9]