VidhiSangh

Supreme Court of India · 10/05/2022

VEENA SINGH (DEAD) THROUGH LR versus THE DISTRICT REGISTRAR/ADDITIONAL COLLECTOR (F/R) AND ANOTHER

[2022] 3 S.C.R. 736 · 2022 INSC 544

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Summary

A 78-year-old widow of Bareilly signed a sale deed in favour of a developer but objected before the Sub-Registrar that it was procured by fraud: the area had been nearly doubled to include her house and she had signed an incomplete deed without reading it. The Sub-Registrar refused registration under Section 35(3)(a) of the Registration Act, 1908. The developer filed an 'appeal' under Section 72; the District Registrar, holding an enquiry under Section 74, found her signatures proved and ordered registration, and the High Court dismissed her writ petition. The Supreme Court allowed her appeal: the mislabelled appeal could be treated as a Section 73 application, but 'execution' means signing with knowledge of and assent to the contents, not mere signing; her plea of fraud raised triable issues beyond the Registrar's summary jurisdiction, and the order directing registration was set aside.

Issues

  1. Whether an appeal under Section 72 of the Registration Act, 1908 lies against a Sub-Registrar's refusal to register on the ground of denial of execution, and whether a proceeding wrongly labelled as such an appeal can be treated as an application under Section 73.
  2. Whether an executant's admission of her signatures and thumb impressions on a sale deed amounts to admission of its 'execution' for the purposes of Sections 35, 72, 73 and 74 of the Registration Act.
  3. Whether the Registrar, in an enquiry under Section 74, may adjudicate a plea that the signatures were procured by fraud and undue influence and direct registration, and whether a writ petition under Article 226 lies against such an order.

Provisions considered

Held

Result

Appeal allowed; the Allahabad High Court's judgment of 31.05.2018 in Writ-C No. 24928 of 2012 set aside and the District Registrar, Bareilly's order of 31.03.2012 directing registration of the sale deed presented on 15.12.2011 quashed, without affecting the pending civil and criminal proceedings concerning the transaction. Pending applications disposed of; no order as to costs.

Judgment PDF: Supreme Court of India, [2022] 3 S.C.R. 736.