Registering officer cannot conclude that the document registered almost 40 years earlier is invalid Registering authority did not have the power under circular 67 to adjudicate on the validity of the sale deed - It should have relegated the parties to the jurisdictional civil court for such adjudication

Citation

2023-3-L.W. 285

2023(5) CTC 465

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

29.03.2023/W.P.(MD)No.14402 of 2016 and W.M.P.(MD).No.10665 of 2016

Senthilkumar Ramamoorthy, J.

G.Subbaiah Konar

... Petitioner

Vs.

The Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028 & others Respondents

Registration act, Sections 77-A, 82, 83,Circular No.67,Registration rule, Rule 55

whether the registering authority was empowered under circular No.67 to conclude that the registration of the sale deed on 23.01.1976 was invalid para 10circular no.67 prescribes a procedure to deal with complaints relating to fraudulent registrations - It expressly provided that the registering authority is not empowered to decide title in case of rival claims paras 11, 12

A registering officer cannot conclude that the document registered almost 40 years earlier is invalid Registering authority did not have the power under circular 67 to adjudicate on the validity of the sale deed - It should have relegated the parties to the jurisdictional civil court for such adjudication order is quashed para 15