Law: Registration Act, 1908

Section: 77

Law: Contract Act, 1872

Section: 201

Law: Code Of Civil Procedure, 1908.

Section: 115

Registration Act, 1908 (XVI of 1908)-- ----S. 77--Civil Procedure Code, 1908 (V of 1908), S.115--Suit for registration--Power of attorney--Death of principal--Termination of agency--Authority of attorney--Execution of sale deed--Validity of power of attorney--Refusal of registration--Sub-Registrar--Appeal--dismissed--Civil Court--Scope of jurisdiction--Misreading and non-reading of evidence--Appellate Court judgment set aside--Trial Court judgment restored--Even otherwise, assuming for sake of argument that respondents/plaintiffs were correct in asserting that Khurshid Shah had died during night intervening between 30.01.2003 and 31.01.2003, their case still did not advance--Record revealed that verification report had been received by Sub-Registrar on 31.01.2003--By that time, according to respondents’ own version, Khurshid Shah had already passed away--Therefore, Sub-Registrar could not have lawfully proceeded to register sale deed on basis of an authority which had already been extinguished--The refusal of Sub-Registrar to register document could not be termed illegal or without lawful justification--Rather, action of Sub-Registrar was fully in consonance with settled principles governing agency and registration of documents--In view of foregoing discussion, learned Appellate Court, while reversing well-reasoned judgment and decree of learned Trial Court, had failed to properly appreciate factual matrix as well as legal consequences arising from death of principal--Findings recorded by Appellate Court were largely founded upon assumptions and overlooked settled principle that registration was not a mere ministerial act but required lawful authority subsisting at relevant time--Moreover, Appellate Court had failed to assign legally sustainable reasons for upsetting findings of learned Trial Court and had ignored material evidence going to root of controversy--Consequently, impugned judgment and decree suffered from misreading and non-reading of evidence and, therefore, could not be sustained in law--Civil revision accepted.         [Pp. 690 & 691] A & D Contract Act, 1872 (IX of 1872)-- ----S.…