Jharkhand High Court
State Of Jharkhand & Ors vs Pritindra Narayan Roy & Ors on 29 October, 2012
Author: Prakash Tatia
Bench: Chief Justice, Jaya Roy
IN THE HIGH COURT OF JHARKHAND AT RANCHI
L.P.A. No. 321 of 2012
State of Jharkhand and others ... ... Appellants
Vrs.
Pritindra Narayan Roy & others ...... Respondents
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CORAM: HON'BLE THE CHIEF JUSTICE
HON'BLE MRS. JUSTICE JAYA ROY
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For the Appellant: Mr. S. Akhtar, S.C.( Mines)
For the Respondents: Mr. V. Shivnath, Sr. Adv.
Mr. Birendra Kumar, Adv
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Dated 29th October, 2012.
Heard learned counsel for the parties.
Petitioner-respondents' writ petition has been allowed by the learned Single Judge by following the earlier judgments of this Court delivered in the case of Doman Prasad Yadav Vs. State of Jharkhand & others reported in 2008 (1) JLJR 506 and Shyam Sundar Barnwal Vs. State of Jharkhand and others decided on 14.05.2004 in W.P.(C) No. 1325 of 2004.
Learned counsel for the appellant submitted that the land/property in question is the Government land and it was given on lease and, therefore, it should not have been sold out by any body. Such question cannot be determined by the Registry Authority. It is a settled law that one cannot get title merely by registered sale deed and it is an instrument only of transfer of what is possessed by the vendor and not more than that. The title is not created by only sale deed but it is created in favour of the person from whom he purchased the property subject to foundational fact that sellers should be the owner and should have saleable right. It is also a well known principle that "buyers beware" which also indicates that if a buyer purchases any property without inquiring about the title of the property, then he does so at his own risk.
Learned counsel for the respondents has further relied upon a judgment of the Patna High Court delivered in the case of Bihar Deed Writers Association Vrs. State of Bihar and others reported in 1988 PLJR 672 which also fully supports the view taken by the learned Single Judge. This appeal has no merit, which is, accordingly, dismissed.
(Prakash Tatia,C.J.) (Jaya Roy, J.) Sudhir