9911796707
TMI Blog2006 (6) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... to one Aanai, through document No. 1011/88 on 02.11.1988. It is stated that the said Survey No. 261 /01 measuring about 0.51.0 was deleted from patta No. 5 and separate patta No. 854 was given to Survey No. 261/01. The said Aanai is the 5th respondent in the writ. The grievance of the petitioner is that the 5th respondent in collusion with 6th respondent executed a power of attorney in favour of 6th respondent which was registered in the Sub Registrar's Office, Kovilpatti on 19.05.2004, and by using the said registered power of attorney, the 6th respondent sold the lands in patta No. 5 belonging to the petitioner and accordingly a sale deed was executed by the 6th respondent in favour of the 7th respondent on 15.06.2004 and the said sal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "A receipt for such document shall be given by the registering officer to the person presenting the same" and thereby they have been performing the duty by registering the power of attorney, so also the sale deed executed by the 6th respondent in favour of the 7th respondent. It is further stated that under Section 32, the registering authority has to verify the genuineness of the person presenting the documents and since it is a registered power of attorney in favour of 6th respondent, they proceeded with the registration. It is further stated that as the schedule mentioned is shown in the power of attorney and in pursuance of the power of attorney, they have registered the document. Hence, there are no merits in the writ petition. 4. Hea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same. The description includes not only maps or plans but also the boundaries, the occupants, the Survey numbers, door numbers, etc. The registering Officers can register a document when the vendors or the owners of the property appeared before them and confirmed for the registration. Section 28 of the Act deals with the place for registering documents relating to land and it clarifies that every document that affects immovable property, shall be presented for registration in the office of a Sub Registrar within whose sub district the whole or some portion of the property to which such document relate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Registration Act, it is invalid. Improper presentation is not a mere defect in procedure falling under Section 18 of the Act, but this error is of more radical in nature. The provisions of the Act are very carefully designed to prevent forgeries and the procurement of conveyance by fraud or undue influence and though it may be somewhat technical, the Registering authority has to insist upon exact compliance with the provisions of the Act. It is necessary to do so. 8. In Jambu Prasad Vs. M.A. Alikhan reported in (28 IC 422 (PC) - (1915) 2 L.W. 277), their Lordships of the Privy Council observed that executants of a deed who attend the Registrar's Office or Sub Registrar's Office are not merely to admit the execution and it c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t case, the specific plea of 5th respondent is that his signature was fraudulently obtained in the document and thereafter it was registered as a power of attorney. If this is accepted, it is clear negligence on the part of the then Sub Registrar, who is instrumental for registering the power of attorney. Apart from that, the said Sub Registrar was under obligation to make enquiry about the right of 5th respondent to execute the power of attorney on the property. 11. It is now clear that the petitioner is the owner of the property and he is having the valid title, and 5th respondent admitted the same. The 6th respondent, the person who is instrumental for all these illegal activities, did not choose to appear before the Court, and disappea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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