- (1.) The petitioners have approached this court impugning the order dated 28.11.2007 passed by the Registrar, Mewat cancelling the sale deed dated 20.8.2007 registered in favour of the petitioners.
(2.) Learned counsel for the petitioners submitted that Ganesh Dass son of Khem Chand was owner of certain land. He entered into an oral agreement to sell the aforesaid land in favour of husband of petitioner No. 1 and petitioner No. 2 on 1.8.2007, for a total sale consideration of Rs. 37,25,000/-. Rs. 9,50,000/- were paid by way of pay order drawn on Haryana Gramin Bank, Branch Bahadurgarh, District Jhajjar as earnest money. As Ganesh Dass was resident of Uttar Pradesh, on receipt of balance sale consideration of Rs. 27,75,000/-, he executed general power of attorney in favour of Shaukat Ali son of Walli Mohammad and Hamidulla son of Abdul Rehman, which was duly registered on 10.8.2007 with Sub Registrar, Karnailganj, District Gonda (UP). In pursuance to the aforesaid power of attorney, the power of attorney holders got the sale deed registered on 20.8.2007. After due verification, the sale deed was handed over to the petitioners in original by the Registrar. The petitioners submitted copy thereof to the Revenue Patwari for sanction of mutation. The same was not done. However, to the surprise of the petitioners, they received an order dated 28.11.2007, passed by the Registrar, Mewat/Nuh, in exercise of powers under Section 68 of the Registration Act, 1908 (for short, 'the Act') cancelling the sale deed allegedly on the ground that the power of attorney in pursuance to which the sale deed was got registered was found to be fictitious.
(3.) Learned counsel for the petitioners, while referring to Hussain Ali Shah v. Sardar Ali Shah and others, 1933 AIR(Lah) 786; Nyadarsingh v. Chensingh,1955 AIR(MP) 205; Jodh Singh and others v. The Registrar (Deputy Commissioner), Ambala and others, 1999 121 PunLR 29 and CWP No. 4638 of 2010 Vaid Famil Charitable Trust and another v. State of Haryana and others, decided on 11.7.2011, submitted that after registration of the sale deed, the Registrar does not have any power to cancel the same in exercise of powers under Section 68 of the Act, as the only remedy with a person who disputes the validity of the sale deed is to file a civil suit and challenge the same. The plea of fraud, if any, raised has to be established by way of evidence. The power of attorney, on the basis of which power of attorney holder got the sale deed registered was a registered document, which raises a presumption of genuineness, hence, the impugned order passed by the Registrar deserves to be set aside.;