AIR 2000 KARNATAKA 46 ::1999 (3) KantLD 655 ::2000 (1) Civ LJ 744 ::(1999) ILR (Kant) 2033 ::(2000) 3 CivilCourtC 660 ::1999 (6) KantLJ 68 ::(2000) 2 LandLR 65

Karnataka High Court

Hon'ble Judge(s): R. V. Raveendran , J

(A) Registration Act (16 of 1908) , S.55— Transfer of Property Act (4 of 1882) , S.3 Expln.1— Karnataka Registration Rules (1965) , R.148— Encumbrance Certificate - What is - It is extract of entries in Indexes relating to Book No. 1- It is not document of title. (Para 6) (B) Registration Act (16 of 1908) , S.55— Transfer of Property Act (4 of 1882) , S.3 Expln.1— Karnataka Registration Rules (1965) , R.148— Powers of Registering Officer - He cannot delete, modify or alter entries in encumbrance certificate. Before registration, the Registering Officer will peruse the document to be registered and supporting documents (like tax paid receipts, revenue register extracts and even copies of earlier title deeds). But such incidental examination is not with the purpose of ascertaining or verifying the title of the executant, but only to ensure that there is no violation of Section 22A of the Act and that there is compliance with the statutory requirements under Stamp Law, Taxation Laws, Land Ceiling and Land Reforms Laws etc. If the Registering Officer is not empowered to decide on question of title, it follows that he cannot decide whether a document which is registered is executed by a person having title as recited in the instrument. Therefore he has n....