IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Sanjeev Kumar, J.
Kewal Singh and Another – Petitioners
Versus
Raman Kumar and Others – Respondents
OWP No. 969 of 2017 & MP Nos. 1, 2, 3 of 2017
Decided On : 04-08-2017
Power of Attorney - Registration of Sale Deed - Jammu and Kashmir Registration Act, 1977 - Sections 32, 33, 34, 35, and Rule 39
Fact of the Case:
The petitioners appointed respondent No. 1 as their lawful attorney for their land. They later revoked the power of attorney, but the respondent continued to act on their behalf. The respondent executed Sale Deeds and presented them for registration. The registering authority declined to register the Sale Deeds due to the ongoing dispute over the cancellation of the power of attorney.
Finding of the Court:
The court held that the registering authority's powers are limited and cannot go into the validity of the document presented for registration. The authority had to admit the document for registration as the respondent admitted its execution. The court also noted that the deed of cancellation of power of attorney was stayed by the Civil Court, and the respondent had partly exercised his authority by executing the sale deed.
Issues: The nature and extent of powers of the registering officer under the Jammu and Kashmir Registration Act, 1977, and the authority of the principal to revoke the power of attorney.
Ratio Decidendi: The registering authority's powers are limited and do not extend to determining the validity of the document presented for registration. Once the person presenting the document admits its execution, the registering authority must admit the document for registration. Additionally, if the authority has been partly exercised, the principal cannot revoke it, and the registering authority cannot refuse registration.
Final Decision: The court upheld the order allowing the registration of the Sale Deeds and dismissed the writ petition.
MP No. 3/2017:
1. In view of the averments made in the application, it is allowed and the documents attached with the application are placed on record.
2. MP is disposed of accordingly.
OWP No. 969/2017:
3. The petitioners are aggrieved of the Order dated 09.06.2017 passed by the Registrar (Principal District Judge) Samba in File No. 10/appeal titled Raman Kumar vs. Kewal Singh and Others, whereby the Registrar, Samba has set aside the order of Sub-Registrar (Sub-Judge), Samba dated 23rd May, 2017 and has directed to register the document of Sale Deed presented before him for registration under Rules.
4. The short grievance of the petitioners in this petition is that they had appointed respondent No. 1 as their lawful attorney in respect of their land measuring 212 kanals and 16 marlas situated at village Meen Charkan Tehsil Bari Brahamana District Samba through registered Deed of Attorney dated 21st July, 2016. The petitioners state that respondent No. 1 started acting in breach of trust reposed in him by the petitioners and, therefore, they had no other option but to revoke the power and, accordingly, the power of attorney granted to respondent No. 1 was cancelled by a Deed of Cancellation of power of attorney registered before the Sub-Registrar (3rd Additional Munsiff), Jammu on 18.10.2016. The petitioners further claim that the aforesaid decision of cancellation of power of attorney was conveyed to respondent No. 1 and he was advised not to act upon the power of attorney given to him as the same stood cancelled by the execution of deed of cancellation. It is averred that respondent No. 1, who was acting prejudicial to the interests of the petitioners, approached the Court of learned Principal District Judge, Samba by way of a civil suit for declaration and mandatory injunction against the cancellation of power of attorney and the learned Principal District Judge, Samba vide its ex-parte order dated 01.12.2016, stayed the operation of deed of cancellation of power of attorney dated 18.10.2016. The petitioners further submit that the aforesaid ex-parte interim order was not served upon them and in the meanwhile, respondent No. 1 started acting upon the power of attorney which had since been cancelled and started negotiations with the J&K State Industrial Development Corporation Ltd. Jammu for transferring the land. The respondent No. 1 thus executed Sale Deeds and presented the same for registration before respondent No. 3. The petitioners have further averred that when they came to know about the attempt of respondent No. 1 to transfer their land in favour of the J&K State Industrial Development Corporation Ltd. Jammu and that the Sale Deeds on their behalf have been executed and are being presented for registration before the respondent No. 3, the petitioners appeared before the respondent No. 3 and apprised him of the intervening developments. The respondent No. 3, taking cognizance of the intervening developments, i.e. cancellation of power of attorney and the matter being subjudice before the Principal District Judge, Samba with regard to the aforesaid cancellation, declined to register the Sale Deeds presented by respondent No. 1 in respect of the petitioners’ land on 23rd May, 2017.
5. Aggrieved, the respondent No. 1 approached the Registrar (Principal District Judge), Samba by way of an appeal under Section 72 of the Registration Act, 1977. The appeal was contested by the petitioners but ultimately, the respondent No. 2 vide order impugned, accepted the appeal of the respondent No. 1, set aside the order of respondent No. 3 dated 23rd May, 2017 and directed the registration of document of Sale Deed presented before him for registration under Rules.
6. The petitioners are aggrieved of the order of learned Registrar, Samba (supra) and have challenged the same on the ground that once the power of attorney given to the respondent No. 1 had been cancelled and the aforesaid fact was brought to the notice of respondent N
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