Court Emphasizes the Role of Civil Courts in Adjudicating Disputed Property Rights, Upholds Constitutional Right to Property
In a significant judgment, the Division Bench of the Madras High Court, comprising Justices S.M. Subramaniam and K. Surender, ruled on March 4, 2026, that a District Registrar under the Registration Act, 1908 does not possess the authority to nullify registered sale deeds under Section 68(2) of the Act. The Court emphasized that only competent civil courts have the jurisdiction to adjudicate disputes involving civil rights and allegations of fraud related to registered documents.
The case arose from a writ petition where the appellants, Gurumurthi and others, challenged the decision of the District Registrar, Puducherry, who had nullified three sale deeds citing powers under Section 68(2) of the Registration Act. The appellants contended that such powers were misinterpreted and that the civil rights involved should be adjudicated by a civil court where a related suit was already pending.
The High Court, in its detailed judgment, clarified that the powers under Section 68(2) are limited to superintendence and rectification of errors in registration processes, not the nullification of registered documents. The Court further stated that the right to property under Article 300A of the Indian Constitution is a constitutional right, and any deprivation of this right must be carried out strictly by legal authority, which does not include registrars acting under administrative or summary proceedings.
The Court cited the Supreme Court's decision in Satya Pal Anand v. State of M.P., which reinforced the position that registrars do not have the power to cancel registrations once completed. The judgment reiterated that allegations of fraud must be proven in a civil court, not through writ proceedings or administrative actions by registrars.
The High Court set aside the previous writ order and allowed the appeal, directing that any observations made in its judgment should not influence the pending civil suit. This ruling reinforces the judicial principle that civil disputes involving property rights, especially where fraud is alleged, should be resolved by civil courts with appropriate jurisdiction.
Bottom Line:
Registrar under the Registration Act, 1908 does not have the power to nullify registered sale deeds under Section 68(2) of the Act. Disputed civil rights can only be adjudicated by competent civil courts.
Statutory provision(s): Registration Act, 1908 Section 68(2), Article 300A of the Constitution of India
Gurumurthi v. District Registrar, (Madras)(DB) : Law Finder Doc id # 2864583
