RAJNI TANDON versus DULAL RANJAN GHOSH DASTIDAR AND ANR.

RAJNI TANDON versus DULAL RANJAN GHOSH DASTIDAR AND ANR.

A power of attorney holder who executes a document on behalf of the principal is the 'person executing' under Section 32(a) of the Registration Act, 1908, and is entitled to present the document for registration and get it registered; Section 33 requirements as to authentication are applicable only where the power of attorney holder presents but does not execute the document. Thus, the executed and registered deed by the attorney was valid, and the appeal must be allowed.

Parties
Appellant: Rajni Tandon; Respondent 1: Dulal Ranjan Ghosh Dastidar; Respondent 2: Another Respondent (unnamed)
Jurisdiction
India
Judgment Date
29 July 2009
Procedural Posture
Civil Appeal / Supreme Court of India Appellate Decision From Calcutta High Court
Outcome
Appeal allowed; judgment and decree of High Court set aside, first appellate court decree restored.
Legal Topics
Power of Attorney, Registration of Documents, Eviction, Interpretation of Statutes
Property Law Registration Law Power of Attorney Registration of Documents Eviction Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

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Parties

Rajni Tandon

Appellant

Dulal Ranjan Ghosh Dastidar

Respondent 1

Another Respondent (unnamed)

Respondent 2

Procedural Posture

Civil Appeal / Supreme Court of India Appellate Decision From Calcutta High Court

Legal Issues

  1. 1 Whether a person executing a document under a power of attorney becomes the 'actual executant' for the purposes of s.32(a) of the Registration Act and hence entitled to present the document for registration and get it registered.
  2. 2 Whether a power of attorney to execute a document is recognizable only if it is registered and authenticated under Section 33(1)(c) of the Registration Act.

Ratio Decidendi

A power of attorney holder who executes a document on behalf of the principal is the 'person executing' under Section 32(a) of the Registration Act, 1908, and is entitled to present the document for registration and get it registered; Section 33 requirements as to authentication are applicable only where the power of attorney holder presents but does not execute the document. Thus, the executed and registered deed by the attorney was valid, and the appeal must be allowed.

Court Disposition

Appeal allowed; judgment and decree of High Court set aside, first appellate court decree restored.

Orders

  • Decree for eviction of respondents-defendant restored.
  • No order as to costs.