JODH SINGH Vs. REGISTRAR DEPUTY COMMISSIONER

JUDGEMENT

(1.) In this petition, challenge is to order dated 20.3.1991 passed by the Registrar (Deputy Commissioner), Ambala where by the Registrar in exercise of his powers under Section 68 of the Indian Registration Act has ordered cancellation of sale-deed dated" 15.2.1991 alleged to have been executed by Swaran Singh in favour of petitioners.

(2.) It is the case of the petitioners that Swaran Singh was owner of land measuring 234 Kanals 10 marlas situated in village Nauhni, Tehsil and District Ambala, vide registered sale-deed dated 15.2.1991, Swaran Singh sold his entire land for a consideration of Rs. 14,16,000/-. On 28.2.1991, Puran Singh (respondent No. 3) on his behalf and on behalf of Swaran Singh filed an application before the Registrar under Section 68 of the Indian Registration Act alleging therein that sale-deed executed by Swaran Singh is a void document because Swaran Singh was not competent to execute the same or sell his property being a person of unsound mind and an idiot from his very childhood. Upon notice of the application, petitioners by filing reply, denied the allegations. Petitioners contended that Swaran Singh was fully competent to execute the sale-deed and they are bonafide purchasers for consideration. Petitioners further contended that they had purchased the property after making necessary enquiry with regard to title of the vendor. Registrar vide order dated 203.1991 recorded a finding that Swaran Singh was of unsound mind and the sale-deed allegedly executed by him in favour of petitioners is simply a concoction. Registrar held that the Sub Registrar had no power to register a document purported to have been presented by a person of unsound mind. The sale-deed was thus, ordered to be cancelled. Hence, the present writ petition challenging the order of the Registrar on the ground that Registrar had no power under Section 68 of the Act to cancel the sale-deed registered by the Sub Registrar.

(3.) Learned counsel appearing on behalf of petitioners has contended that the powers of the Sub Registrar in registering a document presented to him for registration are absolute. It is contended that the Statute does not give any power to the Registrar to cancel registration of a document registered by the Sub Registrar. Against this, it is contended by the counsel appearing on behalf of contesting respondents that the powers vested under Section 35 of the Indian Registration Act was erroneously exercised by the Sub Registrar with the connivance of the petitioners and therefore, the Registrar in the facts and circumstances of this case rightly rectified the wrong done by the Sub Registrar. It is also contended that even if the order of the Registrar is held to be bad, then also it is not a fit case for exercising powers under Article 226 of the Constitution of India. It is contended that the order of the Registrar has done substantial justice and therefore, calls for no interference.