M.P.CHINNAPPA, J. - (1.) HEARD the learned Counsel appearing for the respective parties.
(2.) THE only grievance of the Petitioner is that in Insolvency case No. 76 of 1980 the Additional City Civil Judge, Bangalore has held that the sale deed executed in favour of second Respondent is null and void and on the basis of it, the Petitioner approached the Sub -Registrar to register that order of the Court. The Court was pleased to issue a direction to the Sub -Registrar through the Registrar of City Civil Court to effect endorsement in the register maintained in the Sub -Registrar's office in regard to annulment of the sale deed. However, Sub -Registrar rejected that request as there is no provision under the Registration Act or Rules to effect endorsement in the register maintained in the Sub -Registrar's office. As against that order, the Petitioner filed an application before the Court in I.C. No. 76 of 1980, but the Court has rejected the same vide order dated 23.2.2000. However, in the application, the Petitioner has not mentioned the relevant rules under which the Court can direct the Sub -Registrar to effect necessary endorsement, but the application is filed under Section 115 Code of Civil Procedure. At the time of argument, the learned Counsel for the Petitioner has drawn my attention to Rule 123 of Karnataka Registration Act and Rules, which reads: 123. Cancellation, etc., of a Registered Document. -(i) On the registration of a document which revokes or cancels or rectifies an error, in or modifies the terms of a document previously registered in the same class or register book or of a return of lands acquired under the Land Acquisition Act or of a document received and filed under Section 89 (vide Rule 17), or on the receipt of a communication from a revenue officer or from a Court which intimates a similar revocations, rectification or modification, a note shall be entered at the foot of the entry of the latter document or communication as under - This document/Communication revokes (cancels, rectifies or modifies) Document No. of...copied/the document filed/the return filed at pages...volume of book/Supplement to Book No. 1 (Part)/filed book...and at the foot of the previous entry or of the document previously registered or filed a note shall be entered as shows below: 'This document/documents/return has been revoked (cancelled, rectified or modified by document No. ... of copies the document filed/the return filed at pages...volume of book/supplement to Book No. (Part) file book. (ii) When the revocation, cancellation rectification or modification is of a document relating to Immovable property, a corresponding note shall also be entered in Index No. II and when it relates to the rectification of any particular item entered index I, II, III or IV, a note of rectification shall also be entered in the respective index against the particular item rectified.
(3.) HOWEVER , the word annulment has not appeared in Rule 123. Annulment also includes the word cancellation. Under the circumstance, it is open to the Sub -Registrar to make necessary endorsement in the relevant column of the register and also in the Encumbrance Certificate. To substantiate this argument, the learned Counsel also placed reliance on a decision reported in M. Ramakrishna Reddy Vs. Sub -Registrar, Rajajinagar, Bangalore and Another, AIR 2000 Kant 46 wherein this Court has held as to what is an extract of entries relating to an immovable property from Indexes I and II of Book No. 1 maintained under Registration Act, 1908 by Registration Offices. It neither creates, nor affects title. It is not a document of title. It is a certificate that enumerates not only the encumbrances, but all documents relating to the immovable property which have been registered in Book No. 1 (and entered in the Indexes relating to Book No. 1) during the period for which search is sought.;