Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER
Gurumurthi – Appellant
Versus
District Registrar – Respondent
| Table of Content |
|---|
| 1. the authority of the district registrar to nullify deeds under the registration act is questioned. (Para 1 , 2 , 5 , 7) |
| 2. authority to declare documents null rests with civil courts, not administrative registrars. (Para 3 , 10) |
| 3. pending civil suits must take precedence over administrative actions. (Para 4 , 6 , 16) |
| 4. legal interpretation of powers and jurisdiction under the registration act is clarified. (Para 8 , 9 , 11) |
| 5. civil rights disputes must be resolved in a competent civil court. (Para 12 , 13 , 14 , 15) |
| 6. final ruling determining the appeal outcome. (Para 18 , 19) |
JUDGMENT :
S.M.SUBRAMANIAM, J.
Under assail is the Writ order dated 01.08.2022 passed in W.P.No.11617 of 2016.
2. The writ petitioners are the appellants before this Court. The issue raised in the present intra-Court appeal is, whether the District Registrar under the Registration Act is empowered to cancel the sale deeds by invoking powers conferred under Section 68(2) of the Registration Act.
3. It is not in dispute that a complaint came to be instituted by the respondents to nullify three sale deeds registered in sale deed Nos.592/2009 dated 20.02.2009, 895/2009 dated 12.03.2009 and 351/2011 d
The District Registrar lacks authority to nullify registered documents under the Registration Act, with such powers vested only in civil courts.
The power to cancel a document under the Registration Act, 1908, is limited, and civil disputes should be adjudicated by the Competent Civil Court of law.
The central legal point established in the judgment is the limitation on the powers of the District Registrar and the need for adjudication of civil disputes by the Competent Civil Court of Law.
The power to declare a registered document as fraudulently registered deeds lies with the Civil Court and not the registering authority.
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.
The Registration Authorities lack the power to cancel registered Sale Deeds for non-payment of sale consideration, as this is governed by substantive law and must be resolved in civil court.
The court established that non-payment of sale consideration does not justify cancellation of registered Sale Deeds by Registration Authorities, which is a matter for civil courts.
The Registrar does not possess the authority to cancel registered sale deeds, and such powers cannot be conferred by executive order, as this would infringe upon statutory provisions governing regist....
The fraudulent registration of Sale Deeds under the Registration Act, 1908 and the jurisdiction of the Civil Court to establish property title.
(1) Cancellation of sale-deed – Registrar has no power to cancel registered sale deed and State Government cannot by an executive order, confer such a power on Registrar.(2) Annulment of registration....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
