Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 34 87 - 35 the society executed Deed of Extinguishment unilaterally cancelling the allotment Allotment of plot by Housing Co-operative Society - After the death of allottee Registration Act 1908 - ss.17(1){b) 69 and 32 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Registration Act, 1908 - ss.17(1){b), 32, 34, 35, 69 and, 87 - ,Allotment of plot by Housing Co-operative Society - After the death of allottee, the society executed Deed of Extinguishment unilaterally cancelling the allotment - On the. ground of violation of Bye-laws of the Society- Thereafter, the Society allotted the plot to respondent· No.5 - Objection to the subsequent allotment by the appellant (son of the allottee) - By a Compromise Deed between the Society and .respondent No.5 on one side and the appellant on the other, appellant received Rs. 6.50 lakh - Appellant raised dispute uls.64 of Madhya Pradesh Co-operative Societies Act challenging Society :S action of unilaterally registering Extinguishment Deed and also claimed to be owner of the plot having inherited the same - During pendency of the dispute the plot was further ,transferred to respondent Nos. 6 and 7 - Demand of the Society to. refund the amount received in furtherance of compromise, was not heeded to by the appellant - Appel/am_ also moved application before Sub- Registrar (Registration) for cancelling the registration of the Extinguishment Deed - The application was rejected on the grounds that dispute was pending with regard to the same subject matter and that the Sub-Registrar had no jurisdiction to cancel the registration - Application before Inspector General (Registration) was also rejected - Writ petition seeking declaration that Extinguishment Deed and also two subsequent deeds were void ab initio and sought direction for the Sub-Registrar and the Inspector General to record "cancellation of those documents - The petition was dismissed by High Court - Difference of opinion between the iudges of Division Bench of Supreme Court - One Judge, following the exposition in Thota Ganga Laxmi case held that registration of Extinguishment Deed was a nullity in law - Another Judge upheldthe High Court judgment and opined that the general principles laid down in Thota Ganga Laxmi case cannot be made applicable to the present case in absence of specific Rule in that behalf - Matter referred to larger Bench - Held: The Co-operative Society was competent to unilaterally cancel the allotment made to its members and to cancel the membership of such member due to default _ committed by the member - Any cause of action in that regard must be adjudicated by the procedure prescribed in that behalf~ The right of the appellant qua the plot would be subject to final outcome of such action - The appellant being the legal heir of the a/lottee cannot have any right higher than that of his predecessor - Extinguishment Deed required compulsory registration u/s. 17(1)(b) of the Registration Act, 1908 - 1908 Act does not empower to recall such registration - In absence of any express provision in that behalf. Sub-Registrar (Registration) would not be competent to cancel the registration of documents in question - Even the Inspector General (Registration) does not have power to cancel the registration - The 1908 Act does not require presence of both the parties to the document when presented for registration - Non-presence of the other party to the Extinguishment Deed cannot be said to be fraudulent action per se - However, the party aggrieved by such registration is free to challenge its validity befo~ the Civil Court - The decisi_on in Thota Ganga Laxmi case is with reference to an express provision contained in Andhra Pradesh Rules in that behalf and in absence of such express provision in other State legislations, the Registering Officer would be governed by the provision in 1908 Act - High Court rightly dismissed the writ petition with liberty to pursue statutory remedy resorted to by him under 1960 Act or by resorting to any other remedy - Madhya PradeshCo-operative Societies Act, 1960. A B c D E F Constitution of India : Art.226 - Jurisdiction under - Nature and scope of - Held: The remedy of writ u!Art. 226 is extra-ordinary and discretionary - The exercise of discretion to issue a writ is a matter of granting equitable relief - In exercise of writ jurisdiction, the High Court cannot be oblivious to the conduct of the party invoking that remedy - No Court can be a party to a speculative litigation much less the High Court in exercise of writ jurisdiction - Remedy of writ cannobe used for declaration of private rights of the parties or enforcement of their contractual rights and obligations. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2016 INSC 988 |
Petitioner | Satya Pal Anand |
Respondent | State Of M.p. & Ors. |
SCR | [2016] 12 S.C.R. 26 |
Judgement Date | 2016-10-26 |
Case Number | 6673 |
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