Supreme Court Invalidates Rule 55A(i) of Tamil Nadu Registration Rules as Ultra Vires the Registration Act, 1908 -- Sub-Registrar's Refusal to Register Sale Deed Based on Title Verification Set Aside

Nature of Litigation: Appeal against refusal to register a sale deed by the Sub-Registrar under Rule 55A(i) of the Tamil Nadu Registration Rules

Remedy Sought

The appellant sought registration of the sale deed and challenged the validity of Rule 55A(i)

Filing Reason

The Sub-Registrar refused registration of the sale deed on the ground that the vendor had not established title and ownership as required under Rule 55A(i)

Previous Decisions

The writ petition and writ appeal were dismissed by the High Court upholding the refusal under Rule 55A(i)

Issues

Whether Rule 55A(i) of the Tamil Nadu Registration Rules is valid and intra vires the Registration Act, 1908 Whether the Sub-Registrar is empowered under the Registration Act, 1908 to refuse registration of a sale deed on the ground that the vendor has not proved title

Submissions/Arguments

The appellant contended that Rule 55A(i) is ultra vires the Registration Act, 1908 as Section 69 does not empower framing of rules allowing refusal based on title verification and no such provision exists in the Act The respondents argued that Rule 55A was framed to prevent bogus transactions and is within the rule-making power under Section 69, and that the validity challenge should not be entertained as it is pending before the High Court and may be academic

Ratio Decidendi

The rule-making power under Section 69 of the Registration Act, 1908 must be exercised consistently with the Act -- The Act does not confer power upon the registering officer to inquire into or adjudicate upon the title of the executant -- Rules cannot create substantive grounds for refusal of registration not provided in the parent Act -- Rule 55A(i) which mandates refusal based on title verification exceeds the statutory authority and is invalid

Judgment Excerpts

The Registration Act, 1908 does not confer power upon the registering officer to inquire into or adjudicate upon the title of the executant of a document Rule 55A(i) which mandates refusal of registration unless the presentant produces previous original deed or revenue records to prove the executant's right over the property travels beyond the scope of the Act and is invalid The registering officer's role under the Act is limited to ensuring compliance with procedural requirements for registration and not to determine questions of title

Procedural History

Sale deed executed on 02 September 2022 -- Sub-Registrar refused registration -- Writ petition dismissed -- Appeal to District Registrar allowed on 04 September 2023 directing reconsideration -- Sub-Registrar again refused registration on 03 October 2023 -- Writ petition and writ appeal dismissed by High Court -- Special Leave Petition filed in Supreme Court -- Amendment allowed on 14 November 2024 to challenge Rule 55A(i) validity -- Supreme Court allowed appeal and remanded matter