TaxTMI 
TaxTMI 
2022 (5) TMI 1578
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.... appeal, the Appellant has passed away and has been substituted by her legal heir, by an order of this Court dated 9 December 2021. 2. At the heart of this dispute is a certain piece of land admeasuring 3,793 square yards, situated at 110-B, Civil Lines, Bareilly, Uttar Pradesh, which was owned by one C.P. Singh. During his life time, he had alienated approximately 415 square yards of the land to four distinct persons. After his death, the Appellant, who is his spouse, together with her two daughters, namely Nita Singh and Neelam Singh, and son, Pradeep Singh, became joint owners of the property. A power of attorney was executed on 17 April 2010 in favour of the Appellant by her daughters and son, which is stated to have been cancelled on 27 September 2011. 3. The Appellant is alleged to have entered into two agreements with a developer - Gujral Associates, who is the second Respondent in the present appeal: (i) the first was allegedly a development agreement in respect of an area admeasuring 1000 square meters in the front portion of the land. It is important to note that the nature of this agreement is disputed by the second Respondent (who alleges that it was instead an agreem....
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.... her own family. Specifically in relation to the two transactions in regards the front and rear portion of the land, the Appellant alleged as follows: (A) Details of 100 sq. meter agreement with M/s. Gujral Associates having a market value of not less than Rs. 5 Crore showing a meagre sale consideration of Rs. 1,30,00,000/- on 22.10.2010 forming part of 110-B Civil Lines, Bareilly, stipulating to have paid a sum of Rs. 18,00,000/- to me including a sum of Rs. 90,00,000/- in cash and a sum of Rs. 3,00,000/- through cheque No. 111681 dated 03.06.2009 Bank of Baroda, which in fact was never paid to me and the cheque referred to above stands credited in someone else account and not in my account. According to me and the Law the agreement becomes NULL and VOID as the intention of the party is to do a fraud by illegal measures. (B) Details of 1839.48 Sq. meter agreement with M/s. Gujral Associates having a market value of not less than Rs. 7 Crore showing a meagre sale consideration of Rs. 1,60,00,000/- on 22.10.2010 forming part of 11-B Civil Lines, Bareilly, stipulating to have paid a sum of Rs. 83,00,000/- including a sum of Rs. 8,00,000/- shown to have been paid in cash, which in....
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....der dated 17 February 2012, the Sub-Registrar declined to register the sale deed after recording the following statement of the Appellant: I was alone, my signature was forcibly taken on this sale deed, I do not remain well, and I take Alprex also, I am diabetic also, I remain under Hypertension also. Many persons who were 4-5 in number by reaching there, got my signature forcibly. Other paper was read to me, and signature was taken on other paper. I live alone. They trouble me from day to today. The land not so in quantity which they have written. As per them, they try to occupy that house also which is mine. I do not want to execute this sale deed. I be let live comfortably. Relying upon her statement, the Sub-Registrar held as follows: On the basis of the aforesaid statement as Smt. Beena is not ready to register the aforesaid sale deed which she tells to be executed fraudulently and cheatingly. Therefore, the registration of the sale deed is denied Under Section 35(3)A of the Indian Registration Act and Under Rule 249 of the Registration Manual, Part - 2. 7. The Sub-Registrar having refused to order the registration of the sale deed, the second Respondent instituted an ap....
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....ered by the sale deed. In his report dated 30 April 2012, the Sub-Registrar concluded that the actual area covered by the deed was 1341.73 square meters, out of which 740.73 square meters was the area of the Appellant's house. Further, the Sub-Registrar noted that while the northern and western boundaries were present as according to the sale deed, the southern and eastern boundaries at the spot did not match with the boundaries mentioned in the sale deed. Later, pursuant to the recommendation of the Sub-Registrar, a further spot verification was also carried out by the Naib Tahsildar. In a report dated 26 May 2012, the Naib Tahsildar stated that the boundaries mentioned in the sale deed were completely incorrect. Further, it was stated that the actual area on the spot was 849.12 square meters, as opposed to the area of 1839.48 square meters shown in the sale deed. The report noted that if the area of 1839.48 square meters was taken as the area of the sale deed, it would partly cover the residential house of the Appellant, garden area situated in front of the house and three properties which had been previously sold by the deceased husband of the Appellant. Therefore, the Naib ....
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.... deed, but only has to ascertain whether the provisions of the Registration Act have been complied with. Questions regarding the validity of the title or legality of the transaction can only be decided by a competent civil court; and (ii) The Sub-Registrar, in the present case, had denied the registration of the sale deed Under Section 35(3)(a) of the Registration Act since the Appellant had, while admitting that she had placed her thumb impressions/fingerprints and signatures on the sale deed, objected to the registration on the ground that her signatures had been taken in a fraudulent manner by representing to her that she was selling only 839 square meters of land whereas the area shown in the sale deed was 1839 square meters. However, it was held that the Sub-Registrar Under Section 35 did not have the power to conduct an inquiry regarding the execution of the sale deed, and could have only recorded the denial of execution by the Appellant. On the other hand, it was noted that a wider power is entrusted to the Registrar Under Section 74(a) of the Registration Act to determine whether the document has been executed. On these premises, the Single Judge held: 55...The registra....
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....e Appellant and Mr. V.K. Shukla, learned Senior Counsel appearing on behalf of the second Respondent. 14. Mr. Pradeep Kant, learned Senior Counsel submitted that: (i) An appeal Under Section 72 of the Registration Act lies to the Registrar against an order of the Sub-Registrar refusing to admit a document to registration except where the refusal is made on the ground of denial of execution. In the present case, the execution of the sale deed had been denied by the Appellant and the Sub-Registrar refused registration on that ground Under Section 35(3)(a). Hence, no appeal would be maintainable Under Section 72; (ii) In any event, in an appeal Under Section 72, it is not open to the Registrar to pursue an enquiry Under Section 74. The procedure Under Section 74 has to be followed only when an application is filed Under Section 73. Under Section 74, a person who had applied Under Section 73 challenging the non-registration of a document, of which execution is denied by any person by whom it purports to have been executed, may apply to the Registrar to establish his right to have the document registered. In the present case, the second Respondent having filed an appeal Under Secti....
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....Shukla, learned Senior Counsel appearing on behalf of the second Respondent submitted that: (i) The Appellant has admitted to the execution of the sale deed both in her objections before the Sub-Registrar and in the FIR which was lodged on 4 May 2012, where the Appellant admits that the sale deed was signed by her. If an instrument is signed by both the parties, it is presumptive of the fact that both of them have executed it, though the presumption is rebuttable. In the present case, the sale deed having been signed by the parties and attested by the two witnesses, it has to be regarded as having been validly 'executed'; (ii) Under the Registration Act, the Registrar is vested with a duality of powers: (a) An appellate power Under Section 72; and (b) A power Under Section 73 read with Section 74 to determine upon enquiry whether a document has been executed and can be registered; Since the Registrar has an independent power Under Section 73 and Section 74, the mere mentioning of a wrong provision (Section 72) by the second Respondent and the Registrar will not invalidate the proceedings; (iii) A document, once it is registered, can be cancelled or set aside onl....
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....ry instruments which purport or operate to create, declare, assign, limit or extinguish a right, title or interest to or in immoveable property of a value higher than Rs. 100. Section 23, which deals with the time for presenting documents, stipulates that subject to Sections 24, 25 and 26, no documents other than a will shall be accepted for registration unless presented to the proper officer within four months from the date of its execution. 19. Section 32 then entails that every document, to be registered, shall be presented at the registration office by: (a) person executing or claiming under the document; or (b) a representative or assign of such a person; or (c) the agent of such a person, or their representative or assign, duly authorized by a power of attorney executed and authenticated in the manner provided. 20. Section 34 "34. Enquiry before registration by registering officer.-(1) Subject to the provisions contained in this Part and in Sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering of....
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....by whom the document purports to be executed denies its execution, the registering officer will refuse to register the document. Section 35 is extracted below: 35. Procedure on admission and denial of execution respectively.--(1) (a) If all the persons executing the document appear personally before the registering officer and are personally known to him, or if he be otherwise satisfied that they are the persons they represent themselves to be, and if they all admit the execution of the document, or (b) if in the case of any person appearing by a representative, assign or agent, such representative, assign or agent admits the execution, or (c) if the person executing the document is dead, and his representative or assign appears before the registering officer and admits the execution, the registering officer shall register the document as directed in Sections 58 to 61, inclusive. (2) The registering officer may, in order to satisfy himself that the persons appearing before him are the persons they represent themselves to be, or for any other purpose contemplated by this Act, examine any one present in his office. (3)(a) If any person by whom the document purports to be ex....
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....Sub-Registrar who refuses to register a document, except on the ground that the property to which it relates is not situated within his sub-district, to make an order of refusal and record his reasons, and endorse the refusal of registration on the document. Further, the Sub-Registrar is required to furnish a copy of the reasons recorded, to any person executing or claiming under the document. 25. Section 72 provides for an appeal to the Registrar from an order of the Sub-Registrar refusing registration on a ground other than the denial of execution. Section 72 is in the following terms: 72. Appeal to Registrar from orders of Sub-Registrar refusing registration on ground other than denial of execution.--(1) Except where the refusal is made on the ground of denial of execution, an appeal shall lie against and order of a Sub-Registrar refusing to admit a document to registration (whether the registration of such document is compulsory or optional) to the Registrar to whom such Sub-Registrar is subordinate, if presented to such Registrar within thirty days from the date of the order; and the Registrar may reverse or alter such order. (2) If the order of the Registrar directs the ....
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....ion 74 stipulates as follows: 74. Procedure of Registrar on such application.--In such case, and also where such denial as aforesaid is made before a Registrar in respect of a document presented for registration to him, the Registrar shall, as soon as conveniently may be, enquire-- (a) whether the document has been executed; (b) whether the requirements of the law for the time being in force have been complied with on the part of the Applicant or person presenting the document for registration, as the case may be, so as to entitle the document to registration. In terms of the above provision, the Registrar in such a case, and also where a denial of execution is made before the Registrar, has to enquire: (i) Whether the document has been executed; and (ii) Whether the requirements of law for the time being in force have been complied with on the part of the Applicant or person presenting the document for registration. 28. Section 75 "75. Order by Registrar to register and procedure thereon.-(1) If the Registrar finds that the document has been executed and that the said requirements have been complied with, he shall order the document to be registered. (2) If the docum....
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....Sections 72 or 75 has to be reasoned, and the Registrar is required to furnish a copy of the reasons recorded to any person executing or claiming under the document. It further provides that no appeal shall lie against such an order of refusal. 30. In the event of a refusal by the Registrar, a suit can be filed by a party in terms of the provisions of Section 77 "77. Suit in case of order of refusal by Registrar.-(1) Where the Registrar refuses to order the document to be registered, under Section 72 or Section 76, any person claiming under such document, or his representative, assign or agent, may, within thirty days after the making of the order of refusal, institute in the Civil Court, within the local limits of whose original jurisdiction is situate the office in which the document is sought to be registered, a suit for a decree directing the document to be registered in such office if it be duly presented for registration within thirty days after the passing of such decree. (2) The provisions contained in sub-sections (2) and (3) of Section 75 shall, mutatis mutandis, apply to all documents presented for registration in accordance with any such decree, and, notwithstanding ....
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....res on the sale deed had been taken forcibly. Before the Sub-Registrar, the Appellant had filed an objection when the sale deed was presented for registration. The Appellant, in the course of her objections before the Sub-Registrar specifically adverted to following grievances, namely that: (i) the second Respondent had furnished false and misleading information to her; (ii) the market value of the land admeasuring 1839.48 square metres was not less than Rs. 7 crores and the sale consideration of Rs. 1.6 crore was meagre; (iii) the time stipulated in the sale deed had expired; (iv) the signatures of the Appellant had been obtained on an incomplete sale deed; (v) the signatures of the Appellant were taken without furnishing to her a chance to read or peruse the papers, and when she was surrounded by five persons; (vi) the land area having been manipulated under the sale deed, her residential house would also been taken away by fraud; (vii) the boundaries mentioned in the sale deed were incorrect and did not clearly reflect the land which was agreed to be sold; (viii) the sale deed was incomplete and all the co-sharers had never entered into any partition; (ix) the sale deed would at....
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.... document for registration, so as to entitle them to have the document registered. Upon such an enquiry Under Section 74, Section 75 enables the Registrar to order the document to be registered if it is found that: (i) the document has been executed; and (ii) the requirements of the law have been complied with. Section 75(4) also allows the Registrar to summon and enforce the attendance of witnesses to properly conduct the enquiry Under Section 74. 35. Undoubtedly, the power of the Registrar while dealing with an application Under Section 73 are wider that the powers which are entrusted to the Sub-Registrar Under Section 35. Under Section 35(1)(a), the registering officer shall register the document if all the persons executing the document appear in person before the officer and admit the execution of the document. Section 35(2) empowers the registering officer to examine anyone present in the office, for the purpose of satisfying himself that the persons appearing before him are the persons they represent themselves to be. In contrast to Sub-section (1) of Section 35, Sub-section (3) stipulates that once execution is denied by the person who purports to have executed the documen....
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....belled as an appeal Under Section 72, in the following extract Justice K Kannan, Mulla's The Registration Act (LexisNexis, 2012) pg 416 ("Mulla‟s The Registration Act"): If a refusal is made on the ground of denial of execution, appeal would not lie Under Section 72 of the Act. When the refusal is denied on the execution, remedy is to file an application Under Section 73 of the Act. The mere fact that an application is wrongly headed as an appeal and an erroneous Section of the statute is mentioned therein is immaterial, if in fact and in law it is an application Under Section 73 of the Registration Act. Similarly, in S.P. Sen Gupta's commentary on the Registration Act, it is stated S P Sen Gupta, Commentaries on the Registration Act, 1908 (Kamal Law House, 2017) pgs 617-618 ("S P Sen Gupta Commentary"): 4. Proceeding erroneously described as "appeal" or vice versa.-A proceeding Under Sections 72 is an appeal whereas a proceeding Under Sections 73 is not an appeal; it is merely an application before the Registrar in order to establish the applicants right to have the document registered. It is not always easy for the aggrieved party or even by the Registrar to decide....
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.... "execution" is supported by the definition provided in the Stamp Act 1899 "Stamp Act". Section 2(12) defines "executed" and "execution" in the following terms: (12) Executed and execution.--"Executed" and "execution", used with reference to instruments, mean "signed" and "signature" and includes attribution of electronic record within the meaning of Section 11 of the Information Technology Act, 2000 (21 of 2000); However, since the Registration Act has been enacted for a purpose different from the Stamp Act, the definition under Stamp Act is not conclusive. 41. Black's Law Dictionary defines the expression "execute" and "executed" thus Bryan A Garner, Black's Law Dictionary (Thomson Reuters, 2009) pgs 649-650: execute, vb. (14c) 1. To perform or complete (a contract or duty) ...3. To make (a legal document) valid by signing; to bring (a legal document) into its final, legally enforceable form ... executed, adj. (16c) 1. (Of a document) that has been signed ... [T]he term 'executed' is a slippery word. Its use is to be avoided except when accompanied by explanation...A contract is frequently said to be executed when the document has been signed, or has been si....
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....terms embodied in the document. When the executant admits his signature on the document but takes a further plea that his signature was taken by force after detaining him in a room or fraud was practised upon him in obtaining his signatures on the deed or he was duped to sign on blank papers etc, and there is no material before the Registering Officer to rebut the plea of the executant, then there cannot be any "admission" within the meaning of Sections 35(1)(a) of the Act because the mind of the signer did not accompany the signature... (emphasis supplied) While the above extract deals with the power of the registering officer Under Section 35(1)(a), it does suggest that "execution" happens when a person's signature on the document is accompanied by their full consent to the contents of the document, which they have understood before signing it. 43. This understanding of the phrase "execution" is also adopted by textbooks in relation to the law of evidence. Section 68 "68. Proof of execution of document required by law to be attested.-If a document is required by law to be attested, it shall not be used as evidence until one attesting witness at least has been called for t....
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....admission of execution of the document. 44. If we are to now look at the relevant precedent on the subject, in Rajendra Pratap Singh v. Rameshwar Prasad (1998) 7 SCC 602, the validity of a decree of the eviction under the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1982 was in question before a two-judge Bench of this Court. This Court, while considering the provisions of the third paragraph to Section 107 of the Transfer of Property Act, 1882, noted that it required that a registered instrument for the lease of an immovable property had to be executed both by the lessor and lessee. While elaborating on the meaning of "executing", this Court held: 11...An instrument is usually executed through multifarious steps of different sequences. At the first instance, the parties might deliberate upon the terms and reach an agreement. Next, the terms so agreed upon would be reduced to writing. Sometimes one party alone would affix the signature on it and deliver it to the other party. Sometimes both parties would affix their signature on the instrument. If the document is required by law to be registered, both parties can be involved in the process without perhaps obtaining th....
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....ade by the Registrar himself and once after such enquiry, he is satisfied that the document not only bears the signatures of the executant, but it is also duly executed by the executant, after understanding the contents and terms of the document, he may order the document to be registered. In the said enquiry he has no power to enter into probabilities and surrounding circumstances. He is merely to find out whether the document tendered actually is in the state in which it was executed by the parties to it. The scope of enquiry contemplated Under Section 74 have been explained in various judgments, in particular, the meaning of the word "executed". (emphasis supplied) In adopting this view, the Single Judge adverted to various judgments of the Karnataka High Court, as well as other High Courts, which we shall now note. 46. A Division Bench of the Madras High Court in Banasettappa Laljichikkanna v. District Registrar 1965 SCC OnLine Kar 132 held: 5...Section 74 enjoins upon the District Registrar to hold an enquiry and come to the conclusion as to 'whether a document has been executed.' In the present case all that the District Registrar has stated is that he was satis....
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....nderstood, and does not consist of merely signing a name upon a blank sheet of paper. To be executed a document must be in existence; where there is no document in existence, there cannot be execution...Where an executant clearly says that he signed on blank paper and that the document which he had authorised is not the document which he contemplated, the statement is a denial not an admission, of execution. 49. Adverting to the above decisions and to the views of the Calcutta Mohima Chunder Dhur v. Jugul Kishore Bhutta Charji, ILR Volume VII Calcutta, Orissa Smt. Uma Devi v. Narayan Nayak, 1984 SCC OnLine Ori 94 and Assam High Court Bhutkani Nath v. Smt. Kamaleswari Nath, AIR 1972 Assam and Nagaland 15, the Single Judge of the Karnataka High Court in N.M. Ramachandraiah (supra) emphasized that the execution of the document does not mean merely signing it, but signing it after having understood its contents in their entirety: 15. Therefore, the law is well settled. Execution of a document does not mean merely signing, but signing by way of assent to the terms of the contract embodied in the document. Execution consists in signing a document written out and read over and und....
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....n and might even defeat the statutory procedure by multiplying the persons, who have to be traced and induced to attend, either by themselves or by some representative. (emphasis supplied) 51. In Ghasita Ram Bajaj v. Raj Kamal Radio Electronic 1973 SCC OnLine Del 109, a Single Judge of the Delhi High Court, while differentiating between signatures on ordinary documents and documents stamped in accordance with the law relating to negotiation of instruments, observed that in the case of ordinary documents: 8...The meaning of execution of a document ordinarily implies that a person making his signature by way of execution knew or should have known the nature of the document which he was signing... 52. In Kamlabai v. Shantirai, 1980 SCC OnLine Bom 152 a Division Bench of the Bombay High Court, in the context of Section 68 of the Evidence Act, held: 30...In Sarkar's Evidence Act, page 639, the meaning and the proof of the word "execution" has been set out. It says "Executed" means completed. 'Execution' is the last act or series of acts which completes it. Execution consists in signing a document written out and read over and understood and does not consist of merely....
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....ing such a document should sign such a document with free consent. The execution of a document would be complete in case the executant had signed the document voluntarily, without any duress, knowing the contents of the document. 55. While interpreting the provisions of the Evidence Act, In Re Kuttadan Velayudhan 2001 SCC OnLine Ker 14, a Division Bench of the Kerala High Court determined whether the admission of signature on a document was tantamount to admission of its execution. After perusing the decisions of the Kerala High Court and other High Court across India, the Division Bench held: 9. To sign means to affix the signature. But when it comes to the signing of a written instrument, it implies more than the act of affixing a signature. It implies more than the clerical act of writing the name. The intention of the person signing is important. The person should have affixed the signature to the instrument in token of an intention to be bound by its conditions. It has been said that for a signing consists of both the act of writing a person's name and the intention in doing this to execute, authenticate or to sign as a witness. The execution of a deed or other instrume....
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....cuments. Registration provides information to people who may deal with a property, as to the nature and extent of the rights which persons may have, affecting that property. In other words, it enables people to find out whether any particular property with which they are concerned, has been subjected to any legal obligation or liability and who is or are the person(s) presently having right, title, and interest in the property. It gives solemnity of form and perpetuate documents which are of legal importance or relevance by recording them, where people may see the record and enquire and ascertain what the particulars are and as far as land is concerned what obligations exist with regard to them. It ensures that every person dealing with immovable property can rely with confidence upon the statements contained in the registers (maintained under the said Act) as a full and complete account of all transactions by which the title to the property may be affected and secure extracts/copies duly certified. 59. In Bharat Indu and Ors. v. Hakim Mohammad Hamid Ali Khan 1920 SCC OnLine PC 37, Lord Philimore, speaking for the Privy Council, emphasized the purpose of the provisions of the Regi....
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....he person concerned and acts like evidence to prove such transaction in the manner it is written in the document and registered with the Registrar. The Single Judge then adverted to the U.P. Registration Manual, more particularly paragraphs 285, 304, 305, 306 and 307. Paragraphs 285 and 304, which are extracted in the judgment of the Single Judge, are reproduced below: 285. When a document is presented for registration the points requiring the attention of the registering officer may be summarized as follows: (1) Whether he has jurisdiction to register the document? (2) Whether the document is time-barred? (3) Whether the document is free from the objections in Sections 19, 20 and 21? (4) Whether the document is properly stamped? (5) Whether the document is presented by a proper person? (6) Whether the document was executed by the persons by whom it purports to have been executed? [...] 304. When a document is accepted for registration the prescribed fees should be levied and the necessary entries made in the fees book. The counterfoil receipt should then be prepared and the receipts for the document and the fees delivered to the presenter. The registering office....
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....egistrar has refused to register the document on the ground that the person by whom it purports to have been executed has denied its execution. Section 74 then lays down the procedure which is to be followed by the Registrar, which contemplates an enquiry by the Registrar into whether the document has been executed and whether requirements of law for the time being in force have been complied with on the part of the Applicant or the person presenting the document for registration. When the twin requirements of clauses (a) and (b) of Section 74 are found by the Registrar to have been fulfilled, Sub-section (1) of Section 75 provides that the Registrar shall order the document be registered. Sub-section (4) of Section 75 stipulates that for the purpose of the enquiry Under Section 74, the Registrar may summon and enforce the attendance of witnesses and compel them to give evidence as if he is a civil court. The Registrar is also empowered to impose the obligation of paying the costs of the enquiry on a party, and such costs are to be recovered as if they have been charged in a suit under the Code of Civil Procedure. Thus, Sub-section (4) of Section 75 incorporates a deeming fiction f....
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....admitting the execution of a document refuses to endorse the same, the registering officer shall nevertheless register if, but shall at the same time endorse a note of such refusal. It is submitted on behalf of the second Respondent that above provision must be read along with paragraph 241 of the UP Registration Manual, which provides: 241. Registering officers not concerned with validity of documents. Registering officers should bear in mind that they are in no way concerned with the validity of documents brought to them for registration, and that it would be wrong for them to refuse to register on any such grounds as the following: (1) that the executants was dealing with property not belonging to him; (2) that the instrument infringed the rights of third persons not parties to the transaction; (3) that the transaction was fraudulent or opposed to public policy; (4) that the executants had not agreed to certain conditions of the document; (5) that the executants was not acquainted with the conditions of the document; (6) that the executants declared that he had been deceived into executing; (7) that the executants is blind and cannot count. These and such like are matters for....
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....ent deeds, but this application was rejected by the Sub-Registrar, inter alia, on the ground that he had no jurisdiction to cancel the registration of a registered document. The Appellant then moved the Inspector General of Registration Under Section 69 of the Registration Act, who rejected the application. The writ petition filed by the Appellant before the High Court Under Article 226, seeking a declaration of the nullity of the deed of extinguishment and the two subsequent deeds, was also dismissed by the High Court. In this backdrop, Justice A.M. Khanwilkar, speaking for the three-judge Bench, observed that the Appellant had entered into a deed of compromise and accepted valuable consideration, in spite of which he had instituted a dispute under the Madhya Pradesh Cooperative Societies Act, 1960. Further, pending the dispute, an application was filed by the Appellant before the Sub-Registrar seeking the same relief of cancellation of the registration of the deed of extinguishment and the subsequent deeds in favour of the third party. In view of these circumstances, this Court held that the High Court was justified in declining to entertain a writ petition at the instance of the....
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....he registering officer, who is not expected to evaluate title or irregularity in the document. As such, the validity of the registered deed of extinguishment could be placed in issue only before a court of competent jurisdiction. On the above facts, this Court upheld the dismissal of the writ petition by the High Court, with an opportunity being granted to the Appellant to pursue a remedy in accordance with law. Therefore, the decision in Satya Pal Anand (supra) has held that once a deed of extinguishment had been registered by the registering officer, the registering officer had no power to recall it nor was it amenable to the supervisory control of the Inspector General of Registration Under Section 69 of the Registration Act. 67. The aforesaid decision does not deal with a situation such as the present case, where Sub-Registrar had in the first instance declined to order the registration of the document and the order of the Sub-Registrar was questioned in an appeal Under Section 72 filed by the second Respondent. The Registrar, in the course of the appellate proceedings, purported to hold an enquiry of the nature contemplated Under Section 74 of the Registration Act and conclud....
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.... only have been addressed before and adjudicated upon by a court of competent civil jurisdiction. As a matter of fact, during the course of the hearing, this Court has been apprised of the fact that in respect of the remaining area of 1000 square meters in the front portion of the land, a suit for specific performance Original Suit No 568 of 2014 has been instituted by the second Respondent, resulting in a decree for specific performance dated 16 November 2018. As regards the subject matter of the sale deed, the second Respondent has instituted a suit for possession before the Civil Judge, Senior Division Fast Track Court Suit No 264 of 2016, where certain proceedings are pending. In this view of the matter, we are clearly of the opinion that the Registrar in the present case acted contrary to law by directing the sale deed to be registered. 69. In the impugned judgment, the Single Judge of the Allahabad High Court has observed that registration does not depend upon the consent of the executant but on the Registrar's finding that the executant had actually signed the document. The High Court held that having found in the course of the enquiry that the sale deed was duly p....