Case Law Details
Invecta Technologies Private Limited Vs Government of Andhra Pradesh (Telangana High Court)
Telangana High Court held that the Registration of a document does not create any title. The action of non-registration of a document under Section 22A of the Registration Act, 1908 does not prevent a person of the right to enjoy his property.
Facts- The petitioner in the writ petition has sought a relief that Section 22A of the Act, as incorporated vide Act No.19 of 2007, with effect from 20.06.2007 be struck down. The petitioner has sought quashment of orders passed by the Sub Registrar as well as the District Registrar and seeks a direction to respondent No.3 to register the sale deed dated 19.11.2007 executed in favour of the petitioner.
Conclusion- Section 17 of the Act enumerates the documents of which registration is compulsory. Thus, Section 17 does not confer any right on any person to seek registration of a document. Section 22A, which provides registration of certain documents, no way constitutes any infraction of the legislative mandate contained in Section 17 of the Act. Therefore, the contention that Section 22A of the Act is violative of Section 17 of the Act and is, therefore, arbitrary is misconceived.
The refusal to register the documents referred to in Section 22A of the Act by no stretch of imagination can be said to be violation of right to hold the property. The Registration of a document does not create any title. The action of non-registration of a document under Section 22A does not prevent a person of the right to enjoy his property. The contention that Section 22A of the Act violates Article 300A is therefore misconceived.
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