This Intra-Court Appeal proceeds against judgment dated 25.11.2008 of a learned Single Judge, in Chamber, of. This Court, whereby Writ Petition No. 12988 Of 2008 filed by the appellant has been disposed of.
2. Learned counsel contends that although it has been observed in the impugned judgment that whenever the sale-deed is submitted, the respondent-Sub-Registrar shall proceed in the manner provided by law yet the finding recorded therein that the power-of-attorney of the person who has executed the sale-deed is dubious is bound to prejudice the appellant in the course of said process. .
3. We have gone through the writ petition records , with the assistance of the learned counsel. As per facts stated in the writ petition, pursuant to a resolution passed by the Lahore Church Council, the Chairman of the Property Committee Rev. Gajjan Masih appointed Rev. Gulzar Masih as lawful attorney to sell the property in question (described in para-1 of the writ petition). A general power- of-attorney was executed. Acting as said attorney, Gulzar Masih entered into an agreement for sale of the said property in favour of Samson Aslam for a consideration of Rs. 58 Million. The amount was paid as per the terms agreed in the agreement dated 4.11.2001. Thereafter another meeting was held and a resolution was passed that Lahore Church Council had no objection to the transfer of this property to Samson Aslam or his nominees. The appellant is stated to be the said nominee.
He purchased the stamp papers for execution of the sale-deed. On 26.12.2006 an application was filed for appointment of a Local Commissioner who submitted his report to the respondent that the contents are accepted by both the parties. The grievance made out was that the - respondent is not proceeding to register the sale-deed. It was prayed that a direction be issued to the respondent to register the sale, deed in accordance with law. The general power-of-attorney is Annexure-A to the writ petition. According to it, Lahore Church Council of the United Church in Northern India has appointed Rev. Gulzar Masih as an attorney, inter alia, to sell the said property and to admit the execution of the document before the Registrar. The agreement entered into by one Gulzar Masih and Samson Aslam is Annexure-B. It has been executed on behalf of the Lahore Church Council of the United Church in Pakistan stating it to be the owner of the said property. The relevant portion of the sale-deed .Containing the proceedings conducted by the Local Commissioner are at pages 25 to 27 of the writ petition file. We find that the application for appointment of the Local Commissioner was filed in the name of The Board of Foreign Mission of Presbyterian Church. The endorsement made by , the Treasury Office also records that the stamps have been issued in favour of the said Board of Foreign Mission of Presbyterian Church. The Local Commissioner has also noted that the sale-deed has been presented by the said Foreign Mission of Presbyterian Church. The copy of the Register Haqdaran Zamin for the year 1984-85 is Annexure- D to the writ petition. According to it, the Board of Foreign Mission of Presbyterian Church of USA is the recorded owner of the land mentioned therein, which 'measures 9 kanals, 4 marlas and 138 Sq.Ft. And is comprised in Khasra, Nos. 13170/3315 and 13164/3315.
4. We have confronted the learned counsel with the said apparent discrepancy i.e. The property is recorded as owned by the Board of Foreign Mission of the United Presbyterian Church of USA as also the sale-deed is purported to be executed and presented on behalf of the said Body while Gulzar Masih is an attorney of Lahore Church Council. We may further note here that the Board of Foreign Mission, in fact, intervened in the Writ proceedings by filing C.M. No. 2298/08 praying that they be impleaded as a party. It was claimed that the land in question is exclusively .Owned by the Board of Foreign Mission of the Presbyterian Church of USA. A certificate of registration as a Society was produced. Apart from this, a judgment dated 13.10.2005 of this Court in Writ Petition No. 16347/04 filed by the Lahore Church Council against the said Presbyterian Church of USA was also produced. It was concluded in the' said judgment that Lahore Church Council of the United Church in Pakistan is no longer Body existing as per informationconveyed by the registrar, Joint Stock Companies and as such it has no locus standi to file the writ petition.
5. The provisions of the Protection of Communal Properties of Minorities Ordinance, 2001, were also invoked which lay down any such a property shall not be sold or transferred by any person without N.O.C. From the Federal Government.
6. Having, thus, examined _the file, we do find ourselves in agreement with the said observation of the learned Single Judge, as to the dubious nature of the said .Documents However, the said expression as per its dictionaey meaning is not a final judgment or even a statement. It is an expression of suspicion. The contents of the writ petition itself as also the documents produced by the appellant himself do go to create a suspicion in the mind of a person examining the same.
7. Be that as it may, the ultimate decision while disposing of the writ petition is that the sale-deed whenever it is submitted shall be dealt with by the respondent who has been directed to adopt a course of action as provided by law.
8. Before parting with this judgment, we deem it necessary to express ourselves in the manner the registration of documents is being dealt with by the Registration Officers at Lahore. Several registered documents have come up before us while dealing with other cases and we invariably found that the proceedings are conducted by a Local Commissioner. In the instant case, notwithstanding the nature and status of the alleged executants, an application was filed by one Anees-ud-Din Ahmad Pirzada, Advocate, stating as follows:--- {{URDU TEXT}} An endorsement has been stamped allowing the said application and we find that the same learned Advocate proceeded to record the other endorsements on the back of the said sale-deed.
Section 38 of the Registration Act, 1908, provides a list of the persons who are exempted from appearance at the Registration Office. In order to determine as to whether the statutory exemption is available, necessary application of mind is required, which we find absent in the present case as also in many other cases.
9. A copy of this judgment be immediately sent to the Inspector General of Registration (appointed by the Prqvincial Government under Section 3 of the Registration 4 Act, 1908) who shall immediately take steps to monitor the working of the Registration Officers in Lahore area and take
10. The accordingly.
Intra-Court Appeal is disposed Order accordingly. appropriate steps in the matter. A report to be filed- within eight weeks.