SATYA PAL ANAND versus STATE OF M.P. & ORS.

SATYA PAL ANAND versus STATE OF M.P. & ORS.

The registration of a unilaterally executed Extinguishment Deed by the Housing Co-operative Society is not a nullity per se under the Registration Act, 1908, as the Act does not mandate presence of both parties nor confer power on Registering Officers to cancel registrations, in the absence of express provision in applicable state rules. High Court properly declined writ jurisdiction under Article 226 since the petitioner had alternative statutory remedies, and any issues regarding validity of Society’s actions or registered documents are to be agitated before competent statutory forums or Civil Court.

Parties
Appellant: Satya Pal Anand; Respondents: State of M.P. & Ors.
Jurisdiction
India
Judgment Date
26 October 2016
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From High Court
Outcome
Appeal dismissed.
Legal Topics
Registration of Documents, Jurisdiction of Registrar, Powers of Co Operative Society, Alternative Remedy, Unilateral Cancellation of Allotment, Article 226 of the Constitution
Property Law Registration Law Co Operative Societies Law Constitutional Law Registration of Documents Jurisdiction of Registrar Powers of Co Operative Society Alternative Remedy +2 more

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Parties

Satya Pal Anand

Appellant

State of M.P. & Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the unilateral execution and registration of the Deed of Extinguishment by the Co-operative Society, cancelling the plot allotment after the death of allottee, is void or irregular under the Registration Act, 1908.
  2. 2 Whether the Sub-Registrar or Inspector General (Registration) has jurisdiction to cancel the registration of the Extinguishment Deed under the Registration Act, 1908.
  3. 3 Whether the remedy under Article 226 of the Constitution is maintainable in the presence of alternative statutory remedy under the Madhya Pradesh Co-operative Societies Act, 1960.

Ratio Decidendi

The registration of a unilaterally executed Extinguishment Deed by the Housing Co-operative Society is not a nullity per se under the Registration Act, 1908, as the Act does not mandate presence of both parties nor confer power on Registering Officers to cancel registrations, in the absence of express provision in applicable state rules. High Court properly declined writ jurisdiction under Article 226 since the petitioner had alternative statutory remedies, and any issues regarding validity of Society’s actions or registered documents are to be agitated before competent statutory forums or Civil Court.

Court Disposition

Appeal dismissed.

Orders

  • High Court judgment upheld dismissing the writ petition.
  • Liberty to appellant to pursue remedy under Madhya Pradesh Co-operative Societies Act, 1960, or any other remedy as advised.