Authority under Registration Act Not Civil Court, Cant Issue Summons or Examine Witnesses
Case: P.C.Padmamba v Channaveeramma R
Coram: Justice N S Sanjay Gowda
Case No.: R.S.A. No.5/2017
Court Observation: “If it is held that Registering Officer has the power to summon an executant and enquire from him as to whether he had in fact executed the document or not, that would essentially mean that the registering officer was being clothed with the power to enforce the registration of a document in the same manner as is available to a Civil Court. That is, obviously, impermissible and amounts to conferring the powers of a Civil Court to enforce a contract on the registering officer.”
“If an executant does not appear voluntarily and does not admit execution of a sale deed relating to an immovable property, the registering officer cannot summon the executant to ascertain whether the sale deed was indeed executed or not.”
“In fact, in such cases, it would be a case of an invalid presentation of the sale deed and such an invalidly presented sale deed cannot be ordered to be registered.”
“The remedy contemplated under Section 73 of the Registration Act to the Registrar would be unavailable and even if such a remedy is invoked, the Registrar cannot hold an enquiry to determine whether the executant admitted the execution of the sale deed and order its registration.”
“It will have to be stated here that Chikkanna cannot seek benefit available under Section 43, because under Section 43 of the Transfer of Property Act, it is only if a person fraudulently or erroneously represents that he is authorised to transfer the immovable property and transfers it for consideration, the purchaser would get the benefit of any interest that the transferor may acquire subsequently.”
“The Appellate Court was therefore justified in concluding that Rudraiah had no title to convey the house on 03.05.1979 and the basis of Chikkanna’s claim of acquiring title was itself untenable, notwithstanding the registration of the sale deed.”
“The registration of a document under the Registration Act, 1908 envisages three stages. The first stage is the time of presentation of a document, which is governed by the provisions of Part IV of the said Act. The second stage is the place of registration, which is governed by the provisions of Part V of the said Act and the third stage is the presenting of documents for registration, which is governed by the provisions of Part VI of the said Act.”
“It is to be noticed here that if a person executing the document does not appear before the registering officer to present the document and admits its execution, the Registering officer cannot be held to have the power to summon the executant to satisfy himself as to whether the document was indeed executed by the executant or not,”
“It is to be kept in mind that an executant of a document is required to voluntarily appear and admit execution of the document. This voluntary act is a reflection of the acceptance of a concluded contract. The requirement of appearing voluntarily to accept the conclusion of a contract cannot be substituted by use of “power to summon” available in a Registering officer to force the appearance of an executant to ascertain the execution and admission of the document.”
“In fact, to accept only the order of the registering officer as proof regarding admission of execution of a person who has been summoned by him, would not only be a risky proposition but would also be susceptible to various kinds of malpractices.”
“The question as to whether the statement of the executant, who had been summoned, was voluntary or was under compulsion cannot be left to the discretion and judgment of the Registering Officer. These kinds of anomalous situations which are likely to arise if an executant is allowed to be summoned to enquire into the admission of execution of the document, indicate the dangers that may visit the registration of a document and which could be easily exploited by unscrupulous persons in connivance with registering officers, which is to be avoided at all costs”.
“This essentially means that the Registrar has enforced a contract which had only been partly performed and some of the admitted terms of the contract were yet to be fulfilled. Furthermore, a sale deed executed by a person, who had no title over the property as on the date of the presentation of the sale deed, has been ordered to be registered, thereby purporting to convey the title to the buyer.”
“This is, in fact, a power which is not available or conferred on a Civil Court even under the provisions of the Specific Relief Act. This is, thus obviously, beyond the purview of the Registration Act itself and the resultant registration of a document would have to be necessarily a complete nullity in the eye of law.”
“Since, the registration of the sale deed was a complete nullity in law, the same can have no significance at all and would also confer no rights. In fact, such a null and void act, even if validated by consent of parties, would not transform it into a legal act. It is settled law that an act, which is nullity, does not have to be impugned by way of a suit.”
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Keywords
Authority under Registration Act, Registration Act Authority
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