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M.C.JAIN
Kishni Devi – Appellant
Versus
State of Rajasthan (148) – Respondent
Key Points: - A Sub-Registrar refused to register a sale-deed because clarification was awaited from the Urban Improvement Trust, Jodhpur (!) . - An appeal against the Sub-Registrar's refusal was dismissed by the Registrar on the grounds that the power of attorney had been cancelled and the holder had no authority to present the sale-deed (!) . - The court held that registering officers are not concerned with the validity of documents and should not refuse registration on grounds such as the executant dealing with property not belonging to them or the instrument infringing the rights of third parties (!) (!) (!) . - The Registrar's decision to refuse registration was also based on the cancellation of the power of attorney, which was published after the sale-deed was executed but before the power of attorney was revoked (!) (!) . - According to Section 204 of the Contract Act, a principal cannot revoke an authority given to an agent after it has been partly exercised, concerning acts already done (!) (!) . - The sale-deed was executed by Rajesh Lodha as the holder of a general power of attorney before his authority was revoked (!) . - The court stated that if a person holds a power of attorney authorizing them to execute a document and they execute it, they are treated as the executant for registration purposes, and production of the power of attorney is not required (!) (!) . - The Sub-Registrar and Registrar cannot curtail their statutory functions with executive instructions (!) . - The registration of a document operates from the date of its execution, not from the date of its registration (!) (!) . - The writ petition was allowed, and the orders of the Sub-Registrar and Registrar refusing registration were set aside (!) . - The Sub-Registrar was directed to register the sale-deed within three months of its re-presentation (!) .
2. The vendors Parasmal and Sardarmal Kankaria, Queens Park, Calcutta agreed to sell their small piece of land measuring 57 Sq. meters situated near Isolation Hospital, Jodhpur for Rs. 500/- to the petitioner. On May 15, 1987, the holder of their general power of attorney, Rajesh Lodha executed the sale-deed Annexure 2 on requisite stamps in favour of the petitioner. On July 14, 1987, he presented it before the Sub-Registrar, Jodhpur for its registration and deposited the requisite registration charges through the receipt Annexure 1. The Sub-Registrar summoned the executants (Rajesh Lodha) for September 15, 1987, he appeared before him and admitted the execution of the sale-deed Annexure 2. The Sub-Registrar completed all the formalities required under Sections 34,35,58 and 59 of the Registration Act (here in after to be called the Act). On March 31, 1987, the executant had given a notice under Section 26 of the Urban Land (Ceiling and
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