G AYYAKKONAR Vs. INSPECTOR GENERAL OF REGISTRATION CHENNAI

JUDGEMENT

(1.) THE case of the petitioner is that he is the owner of the punja land measuring about 17 acres in patta No. 5 at Arasiarpatti Village. It is further stated that he sold 5 cents of land in Survey No. 261/01 to one Aanai, through document No. 1011/88 on 2.11.1988. It is stated that the said Survey No. 261/01 measuring about 0.51.0 was deleted from patta No. 5 and separate patta No. 854 was given to Survey No. 261/01. THE said Aanai is the 5th respondent in the writ.

(2.) THE grievance of the petitioner is that the 5th respondent in collusion with 6th respondent executed a power of attorney in favour of 6th respondent which was registered in the Sub-Registrar's Office, Kovilpatti on 19.5.2004, and by using the said registered power of attorney, the 6th respondent sold the lands in patta No. 5 belonging to the petitioner and accordingly a sale deed was executed by the 6th respondent in favour of the 7th respondent on 15.6.2004 and the said sale deed was registered in the office of Sub-Registrar, Kelarajakula Raman, on 16.6.2004, in document No. 1219/2-004. It is further stated that the 5th and 6th respondents have misrepresented as if the 6th respondent owned and enjoyed the property and the 6th respondent has created the document to sell the land.

(3.) POINT: In the instant case, the 5th respondent has admitted in the reply notice that he is not the owner of the land which was sold by 6th respondent to the 7th respondent, on the strength of power of attorney executed by the 5th respondent in favour of the 6th respondent. The stand taken by 6th respondent is that the signature is fraudulently obtained from the 5th respondent. Therefore, it is proved that the land was sold by the 6th respondent taking advantage of the power of attorney executed by the 5th respondent. The Sub-Registrars in the Registrar's Office are the creation of the Statute and they draw their authority therefrom. The powers and duties of the Sub-Registrars are defined under the Act and they performs statutory functions under the Registration Act. All that it enacts is that when a document is presented to effectuate any of the transactions specified under Section 17 of the Act, such document must be registered. Section 17 of the Act deals with the document of which registration is compulsory. Whileso, Section 18 of the Act deals with documents of which registration is optional. Under Section 21 of the Act, no non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same. The description includes not only maps or plans but also the boundaries, the occupants, the survey numbers, door numbers, etc. The registering officers can register a document when the vendors or the owners of the property appeared before them and confirmed for the registration. Section 28 of the Act deals with the place for registering documents relating to land and it clarifies that every document that affects immovable property, shall be presented for registration in the office of a Sub-Registrar within whose sub-district the whole or some portion of the properly to which such document relates is situate.