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Issues: (i) whether the petitioner had locus standi to challenge the registration; (ii) whether the writ petition was maintainable in view of the alternate civil remedy and the dispute between private parties; (iii) whether the registering authority could register the sale deed when the power of attorney did not authorise the executant to sell; and (iv) whether the registration was vitiated for non-verification of the authorising power deed under the Registration Act and the Registration Rules.
Issue (i): whether the petitioner had locus standi to challenge the registration
Analysis: The petitioner had acquired rights under the assignment deed and stepped into the shoes of the secured creditor. Locus standi depended on the existence of a legal right or injury, not on the extent of relief ultimately available. The petitioner was therefore not a stranger to the transaction and was entitled to question the official act complained of.
Conclusion: The issue was answered in favour of the petitioner.
Issue (ii): whether the writ petition was maintainable in view of the alternate civil remedy and the dispute between private parties
Analysis: The relief sought was directed against the legality of the registration process and the action of the registering authority, not for adjudication of title between private parties. The existence of a civil suit or other proceedings did not bar judicial review where the complaint was that the authority acted without jurisdiction or without proper verification. The earlier criminal proceedings did not decide the present legal issue.
Conclusion: The writ petition was held to be maintainable.
Issue (iii): whether the registering authority could register the sale deed when the power of attorney did not authorise the executant to sell
Analysis: A power of attorney must be strictly construed and the authority to sell cannot be implied when the instrument does not expressly confer it. A deed executed without valid authority is a nullity and cannot convey title. The sale deed referred only to the earlier registered power deed, which did not authorise alienation, and the later unregistered instrument was not shown to have been properly verified or relied on at the time of registration. The registering authority was required to verify whether the executant had valid authority to execute the sale deed.
Conclusion: The sale deed was held to have been registered without valid authority.
Issue (iv): whether the registration was vitiated for non-verification of the authorising power deed under the Registration Act and the Registration Rules
Analysis: Sections 32 to 35 of the Registration Act, 1908, read together with the relevant Registration Rules, require the registering officer to satisfy himself that the person presenting and executing the document is duly authorised. The inquiry need not be exhaustive, but it must include verification of the source of authority where execution is by an agent. Non-compliance with these mandatory safeguards defeats the statutory purpose of preventing fraud and renders the official act vulnerable.
Conclusion: The registration was held to be vitiated by failure to verify the authority of the executant.
Final Conclusion: The impugned registration could not be sustained, and the petitioner was entitled to relief against the registering authority's action. The order leaves the parties free to pursue any other remedies available in law on matters not decided in the writ petition.
Ratio Decidendi: Where a sale deed is executed through an agent, the registering authority must verify that the power of attorney expressly authorises the execution and presentation of the document; registration of a document executed without such authority is void and liable to be quashed in judicial review.
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