IMPORTANT POINT
Registration of documents – Registering Officer is not concerned with title held by executant – He has no adjudicatory power to decide whether executant has any title – Rule 55A(i) of Registration Rules, 1908 declared as ltra vires Registration Act, 1908 – Rule-making power under Section 69 cannot be exercised to make a Rule that is inconsistent with provisions of Registration Act, 1908.

JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. This appeal takes an exception to the impugned judgment dated 20th March, 2024, passed by a Division Bench of the High Court of Judicature at Madras. On 02nd September, 2022, a sale deed was executed by one Jayaraman Mudaliyar in favour of the appellant in respect of the property mentioned therein. The Sub-Registrar refused to register the sale deed. The appellant filed a writ petition to challenge the refusal. However, the writ petition was dismissed. Thereafter, the appellant preferred an appeal to the District Registrar against the Sub-Registrar's order refusing to register the sale deed. The appeal was allowed by the order dated 04th September, 2023, and the District Registrar directed the Sub-Registrar to reconsider his decision. By a letter dated 05th September, 2023, the Sub-Registrar directed the appellant to resubmit the document along with proof of the vendor’s title to transfer the property. On 03rd October, 2023, the appellant again submitted the sale deed for registration. However, by the order passed on the same day, registration was refused. A writ petition was filed against the order of refusal. The writ petition was rejected. A writ appeal was preferred against the rejection of the writ petition by the learned Single Judge, which has been dismissed by the impugned order.

2. The writ appeal was dismissed by the impugned judgment by holding that under Rule 55A of the Registration Rules under the Registration Act, 1908 (for short ‘the 1908 Act’) framed by the Government of Tamil Nadu, the Sub-Registrar was entitled to refuse the registration of the sale deed on the ground that the appellant’s vendor has not established his title and ownership. The relevant part of the impugned judgment reads thus:

“2. The petitioner presented Sale Deed for registration under the Registration Act, 1908. The Sub-Registrar refused to register the document on the basis that the petitioner had not established his title and ownership, as required under Rule 55-A of the Registration Rules. Even on earlier occasion, the Writ Petition filed by the petitioner was rejected on the ground that he has to impleaded the legal heirs, since the petitioner claims title based on the unregistered Will. In the event of any doubt regarding title, the registering authority is empowered to return the document under the provisions of the Act. In the present case, the petitioner was granted liberty to workout his remedy in the manner known to law. When doubt arises and the legal heirs are not impleaded, the parties are to be relegated to approach the Civil Court and in the present case, the Writ Court has rightly done so. Thus, we do not find any infirmity in respect of the order impugned.”

3. By the order dated 14th November, 2024, this Court permitted the appellant to amend the present Petition for Special Leave to Appeal to incorporate a challenge to the validity of Rule 55A(i) of the Registration Rules. Accordingly, the SLP was amended. The first respondent, the Sub-Registrar, has filed a counter-affidavit on behalf of the State Government in response to the amended petition.

SUBMISSIONS

4. The learned counsel appearing for the appellant submitted that the Sub-Registrar, who is empowered to register a document under the 1908 Act, is not empowered to go into the question of the title of the person executing the document for transferring the property. Learned counsel submitted that the Registration Rules have been framed in accordance with the powers under Section 69 of the 1908 Act. Firstly, Section 69 does not empower the Inspector General to frame Rules providing power to refuse registration of a sale deed or transfer deed in the event the vendor has failed to prove his title. Moreover, the Rules can be framed which are consistent with the Act. In the 1908 Act, there is no provision to refuse registration on the ground that the vendor has not proved his title. Therefore, Rule 55(A)(i) is ultra vires the provi