Bengaluru: A registrar was not required to issue a notice before registering the deed of cancellation of the power of attorney, the Karnataka high court ruled in a recent judgement.Justice DK Singh dismissed a petition by North Roof Ventures Private Ltd challenging the registration of the cancellation deed.North Roof Ventures, formerly NHDPL South Ltd and earlier known as Nitesh Housing Developers Ltd, contested an April 24, 2024 order by the sub-registrar in Gandhinagar, Bengaluru, which registered the cancellation of a general power of attorney issued by HR Suresh in favour of the company concerning the Nitesh Columbia Square housing complex.The petitioner argued that Suresh was not entitled to revoke the general power of attorney, dated Sept 30, 2009, executed under the joint development agreement (JDA) of the same date. The power of attorney is related to land measuring 4 acres 14 guntas (belonging to Suresh) at Kattigenahalli Village, Jala Hobli, Bengaluru North additional taluk. Suresh sought cancellation on grounds that the project remained incomplete and the petitioner violated the JDA by executing flat sale deeds.Justice Singh noted there was no provision in the Registration Act 1908, the Powers of Attorney Act 1882, or the rules thereunder mandating a notice before registering a cancellation deed. “However, the registrar should satisfy himself about the right of the person presenting a unilateral cancellation to seek registration. The registrar may refuse unilateral cancellation of the previously registered instruments unless the cancellation is supported by the principal’s concurrence or by a competent court order. Where there are no statutory rules for giving the notice by the registrar before registering the deed of cancellation, the registrar is not required to give notice to the holder of the power of attorney. The registrar’s role primarily is administrative. The registrar is not empowered to adjudicate the title or the dispute between the parties regarding the respective obligations under the power of attorney,” the judge further added.“Whether the power of attorney was validly cancelled or the cancellation is improper or against the law has to be examined by the competent civil court, and the public law remedy available before a high court or Supreme Court cannot be invoked in such instances. The terms of the power of attorney and other related documents are to be examined, and the evidence is required to be led; then only, the validity of the cancellation of the power of attorney can be decided. Therefore, the parties should not come before the high court but should resort to the proper civil law remedy for such a dispute,” the judge further observed, while dismissing the petition.
