2009 Supreme(Mad) 487

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. NAGAMUTHU
G.D. Subramaniam
Versus
The Sub Registrar, Office of Konur Sub Registrar, Sidco Nagar, Chennai-49 & Others
Writ Petition No.8567 of 2008 and M.P.Nos. 1 and 2 of 2008
Decided on: 10-02-2009

Ratios:
a. Normally registration officer should not refuse to register any document when presented.
b. When any document is, on the face of it void, the Registration officer is duty bound to refuse registration.
c. Sale deed, once registered cannot be unilaterally cancelled.
d. Unilateral cancellation of sale deed violates the principles of natural justice.
e. Deed of cancellation of sale deed is not to be registered unless it is bilateral.
f. Writ petition is maintainable to challenge the action of the Registration officer in registering the unilateral registration of deed of cancellation of sale. Editor’s Note: The "Registration (Tamil Nadu Amendment) Act, 2008(T.N. Act 2 of 2009) substituted a new Sec.22A in the place of the existing provision whereby the registering officer has been mandated to refuse registering the instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed.

Headnote:(A) Constitution of India-Art.226-Registration Act(16 of 1908)-Sec.17, 34, 52-Registration of document-Rights and duties of registering officer-Deed of cancellation of sale deed-Petitioner purchased property by sale deed-one of the respondent executed and registered a cancellation deed unilaterally-Petitioner questioned by filing writ petition-Respondent resisted by pleading availability of alternative remedy-Power of registering officer to hold enquiry before registration questioned-Held-Registering officer not to register any document which is prima facie void ab initio-Sale deed may be cancelled only by mutual consent and not unilaterally-When registering officer registers void document, writ petition is maintainable to challenge it-Writ petition allowed.

       (B) Administration of justice-Duty of Courts and Government-They have to address the distress cries of the aggrieved.

        "Fraud avoids all judicial acts, ecclesiatical or temporal" observed Chief Justice Edward Coke of England about three centuries ago. Therefore, neither the Government nor the Courts of law can turn a deaf ear to the distress cries of the aggrieved and be blind to the alarming situation. Para 10

       (C) Constitution of India-Art.226-Maintainability-Alternative remedy-When alternative remedy is neither efficacious nor easy to secure writ would be entertained.

       . The jurisdiction of this Court under Article 226 of the Constitution is undoubtedly wide. But, while exercising the same, as a matter of caution, the Courts have formulated self imposed restrictions on their powers so as to leave the parties to avail the alternative remedies. But when such alternative remedy, as in the instant case, is neither efficacious nor easy to secure without undue hardship and delay, the said self imposed restrictions cannot be an impediment for the Writ Court to exercise its jurisdiction in order to render substantial justice. Para 10

       (D) Transfer of Property Act, 1882(4 of 1882)-Sec.54-Sale-Cancellation deed-Nature-Sale is bilateral-Sale cannot be cancelled unilaterally.

        A sale is essentially an executed contract, whereby the seller has transferred his title and declared that by means of the execution of the sale deed for lawful consideration, the purchaser has become the owner of the property. Thus it is bi-lateral. No such contract can be cancelled unilaterally by one party, unless such a right has been reserved in the contract itself. There is no specific provision for cancellation of a sale in the Transfer Of Property Act. Para 11

       (E) Registration Act, 1908(16 of 1908)-Sec.34, 52-Registering officer-Powers and duties-On a simple glance if a document is void, he should not register it.

        Section 34 and Rule 55 speak of the limitations on the powers of the Registering Officer to hold enquiry, which would only mean that the Registering Officer is not required to hold a roving enquiry to decide the validity of a document presented for registration. On the other hand, if, by simply glancing through the document, without there being any necessity to hold any enquiry, the Registering Officer is satisfied that the document is either void ab initio or illegal, in such a situation, it cannot be said at any stretch of imagination, that the Registering Officer has to blindly register the said document. Para 14

        The Registering Officer either on enquiry or without an enquiry, should, besides other things, prima facie be satisfied that the document is neither illegal nor void and then to register the same provided the other requirements are satisfied. If the document is ipso facto illegal or void, then, he is not obliged to register the same and instead he should refuse to register the said document. Para 15

       (F) Registration Act, 1882-Sec.17, 52-Registration-Registration officer should not register a deed unless it is validly executed-Registration of void document-Registration is without jurisdiction.

        A deed of cancellation of a sale falls within the purview of such an instrument declaring right and title for an immovable property. If any such document cancelling the sale is presented for registration, since the same is compulsorily registrable under Section 17, the Registering officer is obliged to register the same, provided the execution of the said document is validly made by mutual consent of the parties and the same is not illegal or void. To constitute a valid execution, it should be executed by all parties to the earlier sale. Needless to say that unless there is valid execution by competent persons, the Registering Officer has to necessarily refuse to register the document. Thus, in a situation where the document is either void or illegal or there is no valid execution, the registering Officer is bound to refuse to register the same. De hors such a position, if the Registering officer proceeds to register the said document, then the said registration would be without jurisdiction and not valid. Para 17

       (G) Registration Act, 1908(16 of 1908)-Sec.52-Duties of Registering officer-Unilateral deed not to be registered by Registration officer.

        If a deed of cancellation, unilaterally executed by one party without the signature of the other party and without his photograph and finger prints, is presented for registration, for non-compliance of Section 32-A of the Act, the Registering officer should refuse to register the document. Para 19

       (H) Administrative law-Natural Justice-Unilateral cancellation of sale deed-Registration-Against principles of natural justice.

        The principles of natural justice are also to be adhered to by the Registering Officer while dealing with a deed of cancellation of sale. If a unilateral cancellation deed is allowed to be registered, without the knowledge and consent of the other party to the earlier contract, as held by the Division Bench of the Andhra Pradesh High Court, such registration would cause violence to the principles of natural justice and lead to unnecessary litigations emanating therefrom. Para 26