Document Fragment View

Matching Fragments

(2) If the registering officer registers any such document, he shall, at the time of registering the same, make a note in the register of such interlineation, blank, erasure or alteration.

11. Section 21 of the Act provides for description of property and maps or plans. The said provision is as under:-

“21. Description of property and maps or plans. (1) No non-testamentary document relating to immovable property shall be accepted for registration unless it contains a description of such property sufficient to identify the same.
(4) No non-testamentary document containing a map or plan of any property comprised therein shall be accepted for registration unless it is accompanied by a true copy of the map or plan, or, in case such property is situate in several districts, by such number of true copies of the map or plans as are equal to the number of such districts.”

12. Section 22 deals with the description of houses and land by reference to Government maps or surveys. The said provision is as follows:-

15. I have referred to the aforesaid provisions to understand the scheme of registration and the role of the Registration Officer. It is urged by the appellant that the Extinguishment Deed was registered contrary to the provisions contained in Section 17(1) (b) of the Act and in a fraudulent manner. Section 17(1)(b) stipulates certain categories of documents which are required to be registered. It stipulates registration of non- testamentary documents which purport or operate to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property. It is contended by the appellant that authority, on the ground of fraud, can declare the deeds to be null and void. To bolster the said stand, he has drawn inspiration from the authority in Yanala Malleshwari v. Anantula Sayamma[1] (Full Bench). Before the Full Bench, the question arose whether a person can nullify the sale by executing and registering a cancellation deed and whether the Registering Officer like District Registrar and/or Sub-Registrar appointed by the State Government, is bound to refuse registration when a cancellation deed is presented. Rao, J., adverting to the provisions of the Act and the Rules and dwelling upon the concept of fraud held thus:-