A registered deed cannot be unilaterally cancelled, and cancellation must be done bilaterally. The Sub-Registrar has no power to cancel an already registered document and is bound to accept the document presented for registration. The only remedy for cancelling a registered deed is to invoke Section 31 of the Specific Relief Act.

ORDER :

The captioned petition is filed assailing the endorsement dated 10.02.2023 bearing No.U.No.Ra/03/2022-23 issued by respondent No.5 vide Annexure-F and consequently, a mandamus to direct respondent No.5 -Sub-Registrar to register the deed titled as “Cancellation of General Power of Attorney” dated 10.02.2023 executed by the petitioner as per Annexure-E in favour of her husband i.e., respondent No.6.

2. The petitioner executed an irrevocable Power of Attorney in favour of her husband – respondent No.6. Para 3 and 4 of the registered GPA reads as under:

"3) Further I am also in due and payable income tax to the Income Tax Department to the tune of Rs.1,07,00,000/-. Accordingly income tax dept. has also issued notice to me. Therefore I being the lady unable to manage the affairs of said business in controlling and supervising the management of my all business in the said property. Hence I have chosen and decided to appoint my husband being my attorney to do the all work in order to manage the affairs of said business to control over the management by supervising over it and accordingly I have delegated my all powers relating to the said property and said business to my attorney to discharge in the capacity of my attorney on behalf of me.

4) Accordingly I have authorized to my attorney to continue my said business by holding the control and supervision over the it under the power delegated to my attorney as follows:

A) My attorney has empowered to discharge the all outstanding due and payable by to the Raddi Co-Op Bank Ltd, Dharwad and get the redeem of mortgage relating to my said property. Accordingly my attorney has already discharged the loan from his own pocket to the tune of Rs.28,56,000/- of the Raddi Co-Op Bank Ltd, Dharwad which was due and payable by me.

B) My attorney has to pay the income tax payment to the income tax department on behalf of me which is due and payable by me."

3. The petitioner admits the due execution of the GPA which is the subject matter of the captioned petition. The petitioner alleging that respondent No.6 has breached the terms of GPA, issued a public notice in the newspaper and also issued a legal notice and thereafter, has approached the respondent No.5 -Sub-Registrar to register the deed styled as “Cancellation of GPA”. The respondent No.5 -Sub-Registrar vide impugned endorsement has declined to register the deed on the ground that the disputed GPA is coupled with interest and therefore, he has no power to register the cancellation of deed styled as “Cancellation of GPA”. The said impugned endorsement is challenged by the petitioner herein.

4. Learned counsel appearing for the petitioner reiterating the grounds urged in the petition has placed reliance on the following judgments:

1) Satya Pal Anand vs. State of Madhya Pradesh and Others -(2016) 10 SCC 767;

2) Veerabhadrappa and Another vs. Jagadishgouda and Others -ILR 2003 Kar 3042;

3) A.G.Shivalingappa vs. A.G.Shankarappa -ILR 1991 Kar 1804;

4) S.Sreenivasa Rao vs. Sub-Registrar (Headquarters) ILR 1990 Kar 3740;

5) Sri R.Sampath vs. State of Karnataka and Others -W.P.No.18660/2013.

5. Referring to the principles laid down by the Hon’ble Apex Court and by this Court, he would contend that the Sub-Registrar cannot refuse to register a document on any ground other than those contemplated under Rule 171 of the Registration Rules. Referring to the dictum laid down by this Court in the case of A.G.Shivalingappa vs. A.G.Shankarappa (supra), he would vehemently argue and contend that a Sub-Registrar is bound to register a document presented before him and the question in regard to the validity of the document is alien and if the executant admits having executed a document, the Sub-Registrar is bound to register the document, if the same is presented in accordance with the provisions of the Act. He would further point out that if respondent No.6 is aggrieved by the registration of the document, it is open for him to approach the Civil Court and seek redres