Does Section 22-B of the Registration Act, 1908 empower a registering official to adjudicate title or fraud in a document presented for registration?
Coram: Justice Abdul Quddhose · Justice R.Rajesh Vivekananthan
Section 22-B of the Registration Act, 1908 does not empower a registering official to adjudicate title or fraud in a document presented for registration.
No. Section 22-B of the Registration Act, 1908 does not empower a registering official to adjudicate title or fraud in a document presented for registration. Section 77-A, which allowed District Registrars to cancel registered documents thought fraudulent, was struck down for conferring excessive quasi-judicial power on executive officials; the same principle governs Section 22-B, which acts as a shield before registration against forged or legally prohibited transactions and requires undisputed and conclusive evidence.
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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