Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Registration Act 1908 - s.69 - Jurisdiction of authorities under the Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Registration Act, 1908 — s.69 - Jurisdiction of authorities under the Act —A plot of land has been allotted to appellant's mother, by respondent no.4-Society — After death of appellant's mother, respondent no:4-society, through its office bearer executed a Deed of Extinguishment unilaterally cancelling the said allotment and on the strength of such document, executed a registered sale deed in favour of respondent no.5, who in turn executed a sale deed in favour of the respondent nos. 6 and 7— Appellant moved the Sub- Registrar (Registration) seeking cancellation of the Deed of Extinguishment — Sub-Registrar rejected the said prayer on two counts, namely, the dispute between the parties was pending before the competent authority under the M.P. Cooperative Societies Act and secondly, his jurisdiction was limited only to the extent of registering the documents and if any party desired its cancellation, then to verify that the cancellation deed is registered on appropriate stamp paper — Appellant filed application u/s.69 of the Registration Act, which was rejected by the Inspector General (Registration) stating that the powers conferred on him is limited to general superintendence of the registration office and making rules _ > The Inspector General further intimated him that against the order of Sub-Registrar, it was open to the appellant to initiate appropriate proceedings before a Court of competent jurisdiction — Appellant filed writ petition praying for declaring the Extinguishment Deed as well as the subsequent sale deeds as void ab initio —- High Court held that the controversy raised by the appellant could not be adjudicated in the writ proceeding; and that the authorities under the Act had correctly stated that they have no jurisdiction to decide the soundness of registration of Extinguishment Deed or the sale deeds and declare them as null and void — Whether the Deed of Extinguishment and the subsequent sale deeds registered by the Sub-Registrar under the Act could be cancelled by the Sub-Registrar or by his superior authority in exercise of powers conferred under the Act ~ Held (per Misra, J.): In Thota Ganga Laxmi case, the Supreme Court, after making reference to a specific rule, namely, Rule 26(k)(i) framed by the State of Andhra Pradesh u/s.69 of the Registration Act, opined that a cancellation deed cannot be executed or registered — Question that emerges for consideration is whether in the absence of any specific rule in the State of Madhya Pradesh, the general principle laid down in the case of Thota Ganga Laxmi would be applicable — In the absence of any rule, to opine that by no stretch of imagination can a cancellation deed be accepted or registered by the Registering Authority does not appear to be correct— Hence, the principle by way of general observations stated in Thota Ganga Laxmi case requires consideration by a larger Bench — Held (per Gowda, J.): High Court should have responsibly exercised its extraordinary jurisdiction and should have examined the documents of the sale deed with respect to the relevant provisions of the M.P Co-operative Societies Act and Rules, 1962 and the Bye-laws of the Society — The cancellation of the sale deed executed in favour of the appellant’s mother in the year 1962 by way of the extinguishment deed could not have been registered by the Sub-Registrar as he is not empowered to do so — Hence, for want of the competent jurisdiction, in registering such document, the High Court should have exercised its extraordinary jurisdiction to annul the extinguishment deed and the transactions of the subsequent sale deeds, which has not been done by it— Thus, the High Court has failed to exercise its discretionary power which has resulted in a grave miscarriage of justice, thereby, depriving the valuable constitutional right guaranteed under Art.300A of the Constitution to the appellant — Order of the High Court accordingly set aside and the impugned instruments i.e. the extinguishment deed and the subsequent sale deeds quashed with further direction to respondent Nos.6 and 7 to vacate the.said property and hand over the possession of the same to the appellant - Respondents further directed to pay the appellant a compensation amount of Rs.10 Lakhs for his sufferings and the injustice caused to him by the society for the last 14 years as he was deprived of his right to enjoy the property on account of the arbitrary and unilateral _ action taken by the society in canceiling the sale deed in respect of the property in question executed in favour of his deceased mother — Held (per curiam): In view of the difference of opinion, matter directed to. be placed before Hon'ble the Chief Justice of India, for constituting appropriate Bench — M.P. Cooperative Societies Act, 1960 - M.P Co-operative Societies Rules, 1962 — Constitution of India, 1950 —Art. 300A. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 988 |
Petitioner | Satya Pal Anand |
Respondent | State Of M.p. And Others |
SCR | [2015] 14 S.C.R. 927 |
Judgement Date | 2015-08-25 |
Case Number | 6673 |
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