Can a registering officer refuse registration under Section 22-B of the Registration Act, 1908 on mere suspicion of forgery?
Coram: Justice Abdul Quddhose · Justice R.Rajesh Vivekananthan
A registering officer cannot refuse registration under Section 22-B of the Registration Act, 1908 on mere suspicion of forgery.
No. A registering officer cannot refuse registration under Section 22-B of the Registration Act, 1908 on mere suspicion of forgery. Forgery is conclusively established only by a Civil Court, because it involves dishonest intent and requires handwriting or forensic examination and the analysis of oral and documentary evidence, none of which a registering authority can undertake. Here the refusal rested on a prima facie view of the parent documents.
Registration Act, 1908 — s.22-B — s.77-A — Constitution of India — Art.226 — Refusal of registration — Suspicion of a forged document — Jurisdiction of the registering officer — Registration Act, 1908 — s.22-B — Refusal of registration — Suspicion is not conclusive evidence — Held: A registering officer cannot refuse registration under s.22-B on mere suspicion that a document is forged. Fraudulent intent has to be proved on oral and documentary evidence, which a Civil Court alone can analyse. (¶9) Registration Act, 1908 — s.22-B — s.77-A — Adjudication of title barred to the executive — Held further: The principle on which s.77-A was struck down applies to s.22-B as well: neither permits a registering official to adjudicate title or fraud in the absence of undisputed and conclusive evidence. (¶12) Registration Act, 1908 — s.22-B — Letter of indemnity as a protective condition — Held further: Where registration is directed although title remains open, the presenter must execute a letter of indemnity permitting cancellation should a competent court or authority later find want of authority. Writ appeal disposed of. (¶13, 15)
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