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Allahabad High Court

JAY NATHversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The petitioner may question the registration of the subsequent sale deed and may also file a suit for specific performance of the earlier agreement.

Summary

The petitioner filed a writ petition under Article 226 challenging the Sub Registrar's refusal to register a sale deed that had been executed earlier in his favour but later concealed when the vendor executed a subsequent sale deed in favour of a third party, which was registered on 29 December 2004. The court examined whether the petitioner could contest the registration of the later deed and seek relief for the earlier agreement. It held that the petitioner, being aggrieved by the registration of the later deed and the concealment of the earlier execution, may question the subsequent deed, its registration, and can also file a suit for specific performance of the earlier sale agreement. The court did not grant any immediate relief but directed that the petition be consigned to the records for further action. No substantive orders were passed beyond this direction.

Issues considered

  • Whether a petitioner can challenge the registration of a later sale deed on the ground that an earlier sale deed in his favour was concealed.
  • Whether the petitioner may maintain a suit for specific performance of the earlier agreement for sale.

Subjects

  • Article 226
  • sale deed registration
  • specific performance
  • property law
  • contract enforcement
  • registration of documents

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                             WRIT - C No. - 36231 of 2026

                                    Jay Nath
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 6 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Rakesh Kumar Yadav, Shobhanath
                                                                       Singh Yadav
                                    Counsel for Respondent(s)        : C.S.C.

                                    Court No. - 1
                                                      HON'BLE AJIT KUMAR, J.
                                                      HON'BLE SIDDHARTH NANDAN, J.

                                    1. Heard learned counsel for the parties and perused the records.

                                    2. By means of this petition filed under Article 226 of the Constitution,
                                    Petitioner has questioned the order passed by the Sub Registrar, Ghazipur
                                    refusing registration of sale deed which was earlier executed by the
                                    original vendor at earlier point of time though he got subsequently
                                    executed in favour of third party and also got registered on 29th
                                    December, 2004.

                                    3. In our considered view, petitioner if is aggrieved by the registration of
                                    sale deed which was executed subsequently and the earlier execution
                                    standing in the name of the petitioner was concealed, the petitioner can
                                    question subsequent execution of sale deed and so also the registration
                                    and may also maintain a suit for specific performance of contract in terms
                                    of the earlier agreement for sale executed in his favour.

                                    4. Subject to aforesaid liberty, this petition is consigned to records.




                                                                      (Siddharth Nandan,J.) (Ajit Kumar,J.)
                                    September 17, 2026
                                    Atmesh




Digitally signed by :-
ATMESH KESARI
High Court of Judicature at Allahabad


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