VAID FAMILY CHARITABLE TRUST Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners who claim to be representatives of a religious and charitable Trust are aggrieved by the orders passed by Deputy Commission-cum-Collector-cum-Registrar cancelling a sale deed executed by the petitioners in favour of the third party. The cancellation is purported to be done on the instructions from Collector that it should be cancelled as per rules. The Joint Registrar did no more than carrying out directions of the Collector to a 'T' and stating that the document is annulled.

(2.) The contention of the petitioners is that the annulment of registration is alien to the scheme of the Registration Act. The Act only contains provision empowering the Registering Officer to be satisfied about the execution of the document and if there are not issues relating to jurisdiction, he is bound to register the same. The powers of the Registrar regarding supervision must only ensure that there exists no violation of the Act and the Rules and such a power cannot extend to annulment of the registration that has already been made.

(3.) The petitioners also refer to the judgment in "Hussain Ali Shah v. Sardar Ali Shah and others, 1933 AIR(Lah) 786", which held that a Registrar has no power to cancel the registration of a document and it was unauthorized. The High Court specifically held that "section does not confer upon him the power of canceling the registration of a document, the execution of which is not denied and which has been already registered by a Sub-Registrar". The same issue has also been dealt with in two another decisions of Madhya Pradesh High Court and Patna High Court in "Nyadarsingh v. Chensing, A.I.R 1955 2 (M.B.) 205" and "The Managing Committee and others v. State of Bihar and others, 2003 2 BLJR 878", respectively. In the latter case, the decision of the Lahore High Court was cited and approved.