Case Note & Summary
The dispute arose from allegations of forgery concerning two sale deeds registered on 14.3.1989 in South 24 Parganas, West Bengal. The appellant, Naren Chandra Naskar, faced criminal charges under Sections 471 and 420 of the Indian Penal Code (IPC) based on a complaint by the District Registrar, S.K. Debnath. The respondent, Arun Bhattacharya, claimed that his genuine sale deed was replaced with a forged document. The High Court initially dismissed the writ petition on the grounds of an ongoing investigation but later directed an enquiry into the genuineness of both deeds. The appellant contended that the same officer who lodged the complaint should not conduct the enquiry due to potential bias. The Supreme Court agreed that the enquiry into the appellant's deed was necessary and directed the Inspector General of Registration to conduct a separate enquiry. The court emphasized that both deeds needed to be examined to resolve the dispute adequately. The appeal was allowed in part, directing the appellant to appear for the enquiry and outlining the procedure for correcting any errors in the registration records. The court did not impose costs.
Headnote
A) Registration Law - Enquiry into Genuineness of Sale Deeds - Jurisdiction of District Registrar - Registration Act, 1908 - The court held that the enquiry conducted by the District Registrar under the directions of the High Court was valid, but the genuineness of the appellant's deed also required examination. The court directed a separate enquiry to be conducted by the Inspector General of Registration regarding the appellant's document (Paras 23-26).
Issue of Consideration
Whether the enquiry conducted by the District Registrar into the genuineness of the sale deeds was appropriate and whether the appellant's sale deed should also be examined.
Final Decision
The Supreme Court allowed the appeal in part, directing the Inspector General of Registration to conduct a separate enquiry into the genuineness of the appellant's sale deed and ordered the appellant to appear for the enquiry on 20th October 2008.
Law Points
- Enquiry jurisdiction
- Registration Act
- 1908
- Article 226 of the Constitution
- bias in enquiry
- genuineness of documents
