The powers of the District Registrar under the Registration Act are limited to summary proceedings and cannot replace the adjudication by the Civil Court of Law.

ORDER :

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd respondent to consider the petitioner representation dated 12.05.2023 to cancel the following Five registered Documents viz., Document No.5264/2015, 6086/2015, 6087/2015, 5874/2016, 6543/2018.

The relief sought for in the present writ petition is to direct the 2nd respondent to consider the petitioner's representation dated 12.05.2023 to cancel five registered documents viz., Document Nos.5264/2015, 6086/2015, 6087/2015, 5874/2016, 6543/2018.

2. The petitioner states that her father Mr.Mohan Rao died leaving behind her mother. The petitioner succeeded the share of her father in the family property and a settlement deed was executed subsequently in her name. The petitioner states that she is in possession of the subject property and the dispute arose between the petitioner and the family members who all are arrayed as respondents 6 to 12.

3. The learned counsel for the petitioner mainly contended that the petitioner sent a representation to cancel the fraudulent deeds executed by the family members. The representation/complaint was given to the Sub Registrar and the District Registrar. However, no action has been taken and therefore, the petitioner is constrained to move the present writ petition.

4. The learned Special Government Pleader appearing for respondents 1 to 5 by referring the representation submitted by the writ petitioner on 12.05.2023, made a submission that there is a civil dispute pending between the parties. It is not in dispute that a civil suit was instituted and that being the factum, the District Registrar may not be in a position to consider the representation of the petitioner.

5. The powers conferred to the District Registrar to cancel the document under the grounds of fraud or impersonation cannot be expanded by adjudicating the title, ownership or disputed issues between the parties. The District Registrars are empowered to conduct summary proceedings and if the allegations i.e. fraud or impersonation are apparent on the face of the record, then alone the documents registered are to be cancelled but not otherwise. Therefore, the District Registrars cannot conduct a trial natured proceedings by adjudicating the title deeds or other documents produced by the respective parties. Only if prima facie case has been established for cancellation on the ground of fraud or impersonation, then alone the District Registrar has to pass orders for cancellation of document.

6. In the present case, several litigations were pending between the parties. The petitioner is referring various other documents for the purpose of establishing the ground of fraud. The ground of fraud with reference to the Registration Act cannot be compared with the fraud under the common parlance and the scope cannot be expanded by conferring the powers of Civil Courts on the District Registrar, since the Registration Act contemplates summary proceedings. A distinction is to be drawn, in respect of the complaint filed to cancel the document on the ground of fraud or impersonation.

7. It is relevant to consider Order VI Rule 4 of the Code of Civil Procedure which enumerates 'Particulars to be given where necessary' - “In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default, or undue influence, and in all other cases in which particulars may be necessary beyond such as are exemplified in the forms aforesaid, particulars (with dates and items if necessary) shall be stated in the pleading.”

8. Therefore, it is mandatory that the party pleading fraud should plead properly and establish through documents. When the Code of Civil Procedure contemplates that the persons pleading fraud should establish through pleading and documents. Such a procedure cannot be adopted by the District Registrar under the Registration Act since summary proceedings are contemplated.