Holding

A person who executes a document under a power of attorney is the "person executing" under Section 32(a) and may present the document for registration without the power of attorney being registered under Section 33.

Summary

The appeal concerned a sale deed of a flat that was executed by Indra Kumar Halani under a power of attorney granted by Nandalal Tantia and subsequently presented for registration. The High Court held that because the power of attorney was not registered under Section 33 of the Registration Act, 1908, Halani could not present the deed and the sale was declared invalid. The Supreme Court examined Sections 32 and 33 of the Act, interpreting the word "or" as disjunctive and holding that a person who executes a document under a valid power of attorney is the "person executing" within the meaning of Section 32(a). Consequently, such a person may present the document for registration without the power of attorney being registered under Section 33, which applies only when presentation is made by an agent on behalf of someone who cannot present the document themselves. The Court therefore reversed the High Court’s decision, restored the decree of the first appellate court granting eviction, and allowed the appeal.

Issues considered

Whether a person who executes a document under a power of attorney is deemed the "person executing" under Section 32(a) of the Registration Act, 1908.
Whether Section 33’s requirement of registration and authentication of a power of attorney is applicable when the executant himself presents the document for registration.

Legislation cited

Registration Act, 1908s. 31, s. 32, s. 33, s. 34, s. 87, s. 88, s. 89

Subjects

Registration ActPower of AttorneySection 32Section 33Document registrationActual executantStatutory interpretationProperty conveyanceAdverse possession

Judgment

[2009] 11 S.C.R. 686

RAJNI TANDON ~
A
v.
DULAL RANJAN GHOSH DASTIDAR AND ANR.
(Civil Appeal No. 4671 of 2004)
JULY 29, 2009
B
[DR. MUKUNDAKAM SHARMA AND DR. B.S.
CHAUHAN, JJ.]

t
Registration Act, 1908: ss.32 and 33 - Power of attorney
c (POA) holder executing a document on behalf of principal -
Entitlement of POA holder to present the document for
registration - Held: POA holder becomes actual executant
and is entitled to present it for registration and get it registered
in terms of s.32(a) - He does not faff under s.32(c) and hence
D s.33 would not apply- Interpretation of statutes.

Interpretation of statutes: Use of the word 'or' is used to ~ -
signify the disjunctive nature of a provision.

The questions which arose for consideration in the
E present appeal were whether a person who executes a
document under the terms of power of attorney becomes
an actual executant of the document and entitled under
Section 32(a) of the Registration Act to present it for
registration and get it registered and whether a power of
F attorney to execute a document is recognizable only if it ~

is registered and authenticated under Section 33(1){c) of
the Act.

Allowing the appeal, the Court
G HELD: 1.1. Section 32 of the Registration Act deals
with persons who are eligible to present documents for
registration before the proper registration office. Section ~ -,
32 specifies three categories of persons who can present
jocuments for registration. The use of the word "or"
H 686
RAJNI TANDON v. DULAL RANJAN GHOSH 687
DASTIOAR
.... '
"' between the clauses· of Section 32 demonstrates that the A
legislature intended the said clauses to be read
disjunctively and not conjunctively. It is settl~d law that
the use of the word 'or' is used to signify the disjunctive
nature of a provision. [Para 20] [699-G-H; 700-A]
B
State of Orissa v. The State of Andhra Pradesh (2006) 9
sec 591, relied on.
1.2. Clause (a) of Section 32 specifies that a
docum~nt can be presented for registration (i) by the
person executing the document; (ii) any person claiming C
under the document presented for registration and (iii) in
the case the said document is a copy of a decree or order,
any person claiming under the decree or order. Clause
(b) and (c) deal with cases where the document is
presented not by any person mentioned in (i), (ii) and (iii) D
of sub clause (a) but by their agent, representative or
assign. This is so because the use of the words "such
person" in clause (b) and (c) can be understood to mean
only persons as referred to in (i), (ii) and (iii) above. In so
far as clause (c) of Section 32 is concerned, the agents, E
representative or assigns of the persons referred to in (i),
(ii) and (iii) can present the said document for registration
. only if they are duly authorized by power-of-attorney and
'executed and authenticated. The words "executed and
authenticated in Section 32 (c) would mean the F
procedure specified in Section 33. This is .clear from the
opening words of Section 33 which reads "for the
purposes of Section 32, the following power-of-attorney
shall alone be recognised". Section 32 refers to
documents presented for registration by a holder of G
"power-of-attorney" in Clause (c) and it therefore follows
that the procedure specified under Section 33 would be
attracted where a document is presented by a person
holding a "powers-of-attorney" of the persons mentioned

H
688 SUPREME COURT REPORTS [2009] 11 S.C.R.

A in Clause (a) of Section 32. [Paras 21 and 22) [700-A-H;
701-A]

Motilal v. Ganga Bai AIR 1915 Nagpur 18; Gopeswar
Pyne v. Hem Chandra Bose & Ors. AIR.1920 Calcutta 316;
Mt. Aisha Bibi v. Chhajju Mal & Ors. AIR 1924 Allahabad
8
148; Sultan Ahmad Khan v. Sirajul Haque and Ors AIR 1938
ALL 170; Ram Gopal v. L. Mohan Lal & Ors. AIR 1960
Punjab 226; Sarni Ma/ti Vahuji Maharaj v. Purushottam Lal
Poddar AIR 1984 Calcutta 297; D. Sardar Singh v. Seth
Pissumal Harbhagwandas Bankers AIR 1958 Andhra
C Pradesh 107; Abdus Samad vs. Majitan Bibi & Anr. AIR
1961 Calcutta 540; Rati/al Nathubhai and Anr. v. Rasikla/
Magan/al and Ors. AIR 1950 Bombay 326, referred to.

1.3. Section 32 of the Act requires the documents
D sought to be registered, to be presented by the person
executing it. Tt:ie said expression requires presence of .. -
the actual person executing the document. The basic
principle underlying this provision of the Act is to get
before the Sub-Registrar the actual executant who, in fact,
E executes the document in question. The expression
"person executing" used in Section 32 of the Act, can
only refer to the person who actually signs or marks the
document in token of execution, whether for himself or
on behalf of some other person. Thus, "person
F executing" as used in Section 32 (a) of the Act signifies
the person actually executing the document and includes
a principal who executes by means of an agent. Where a
person hold a power of attorney which authorises him to
execute a document as agent for some one else, and he
G executes a document under the terms of the power of
attorney, he is, so far as the registration office is
concerned, the actual executant of the document and is
entitled under Section 32 (a) to present it for registration
and get it registered. [Paras 23 and 24] [701-B-G]

H D. Sardar Singh v. Seth Pissumal Harbhagwandas
RAJNI TANDON v. DULAL RANJAN GHOSH 689
DASTIDAR

Bankers AIR 1958 Andhra Pradesh 107 and Abdus Samad A
v. Majitan Bibi & Anr. AIR 1961 Calcutta 540, refer.red to.

2. In the facts of the present case, it is quite clear that
Indra Kumar Halani, was).liven the full authority by
N~ndalal Tantia under the power of attorney to transfer B
1' the suit property and to execute the necessary document.
The said dobument was executed by Indra Kumar Halani
in the name and on the behalf of Nandalal Tantia thereof.
Therefore, for the purposes of registration office under
Section 32 (a) of the Act Indra Kumar Halani is clearly the C
"person executing" the document. Therefore, it follows
that the said sale deed which was executed and
authenticated by Indra RUmar Halani could be presented
for registration by him. indra Kumar Halani acted in the
manner mandated under Section 32 (a) of the Act. [Para
26] [702-B-D] D
- ....
3. The object of registration is' designed to guard
against fraud by obtaining a contemporaneous
publication and an unimpeachable record of each
document. The instant case is one where no allegation E
of fraud was raised. In view thereof the duty cast on the
Registering Officer under Section 32 of the Act was only
to satisfy himself that the document was executed by the
person by whom it purports to have been signed. The
Registrar upon being so satisfied and upon being F
presented with a document to be registered had to
proceed with the registration of the same. [Para 27) [702-
E-F] .

4. Where a deed is executed by an agent for a
principal and the same agent signs, appears and G
;- ,. presents the deed or admits execution before the
Registering Officer, that is not a case of presentation
under Section 32 (c) of the Act. The provisions of Section.
33 will come into play only in.· cases where presentation
is in terms of Section 32 (c)'~f;the Act.. In other words, H
690 SUPREME COURT REPORTS (2009] 11 S.C.R.

... ~
A only in cases where the person signing the document
cannot present the document before the registering
officer and gives a power of attorney to another to
present the document that the provisions of Section 33
get attracted. It is only in such a case, that the said power
B of attorney has to be necessarily executed and I.I'
authenticated in the manner provided under Section 33
(1) (a) of the Act. [Para 29] [703-C-E]
~
5. In the instant case, Indra Kumar Halani executed
the document on behalf of Shri N. L. Tantia under the
c terms of this power of attorney. He then presented it for
registration at the Registration Office and it was
registered. The plea taken by the respondents that in
order to enable him to present the document it was
necessary that he should hold a power of_ attorney
0 authenticated before the Sub-Registrar under the
provisions of Section 33 is thus not supported by the ... -
language of Section 32. The provisions of Section 33
therefore only apply where the person presenting a
document is the general attorney of the person executing
E it, and not where it is presented for registration by the
actual executant, even though he may have executed it
as agent for some one else. In this case, the presentation
is by the actual executant himself and is hence is entitled
under Section 32 (a) to present it for registration and to
J
F get it registered. [Para 30] [703-E-H; 704-A]
Case Law Reference:
AIR 1915 Nagpur 18 referred to Para 16
AIR 1920 Calcutta 316 referred to Para 16
G
AIR 1924 Allahabad 148 referred to Para 16 ~ .,
AIR 1938 ALL 170 referred to Para 16

H
RAJNI TANDON v. DULAL RANJAN GHOSH 691
DASTIDAR

-)L
AIR 1960 Punjab 226

AIR 1984 Calcutta 297
referred to

referred to
Para 16

Para 16
A

AIR 1958 A.P. 107 referred to Para 17

AIR 1961 Calcutta 540 referred to Para 17
B
(2006) 9 sec 591 relied on Para 20

AIR 1950 Bombay 326 referred to Para 23
,.
• CIVIL APPELLATE JURISDICTION : Civil Appeal No. c
4671 of 2004.

From the Judgment & Order dated 20.8.2003 of the High
Court at Calcutta in Second Appeal No. 140 of 1999.

Gaurav Agrawal, Prashant Kumar for the Appellants. D

- -" Abhijit Sengupta (NP), Ranjan Mukherjee (NP) for the
Respondents.

The Judgment of the Court was delivered by
E

- DR. MUKUNDAKAM SHARMA, J. 1. The present Civil
Appeal raises questions relating to interpretation of Section 32
and 33 of the Registration Act, 1908 (hereinafter referred to as
"the Act").
\ .
F
2. The dispute pertains to a Flat situated on the ground
floor of a building commonly known as"Nilachal" at Tollygunge,
Calcutta (hereinafter referred to as the said premises),. The
appellant by virtue of a Registe~ecfbeed of Conveyance dated
28.02.1990 purchased the said premises from one Sri Nandlal G
Tantia (also referred to as Shri N. L. Tantia), Karta of Mis R. L..

-· ;.
Tantia & Sons (HUF). The said Deed of Conveyance was
executed by the constituted attorney of Shri N. L. Tantia, Shri
Indra Kumar Halani, on the basis of a Power of Attorney). It is
pertinent of mention herein that the said premises was
H
692 SUPREME COURT REPORTS [2009] 11 S.C.R.

A purchased by Shri Nandlal Tantia in his capacity as a Karta of
Mis R. L. Tantia and sons (HUF) in August 1978. Mrs. Ava Rani
Ghosh Dastidar (Predecessor in interest of Respondent No. 1
herein) was allowed to stay free of charge in the said premises
from October, 1978 as a personal gesture of Shri Nandlal Tantia
8 as a licensee only. Sri N. L. Tantia, Karta of M/s R. L. Tantia &
Sons intimated the Society about their ownership in the said
premises and ~sked them to send all future correspondence
and maintenance bills in their name. They also informed the
society that Mrs. Abha Rani Ghosh Dastidar was temporarily
C staying in the said premises as a licensee.

3. It is the case of the Appellant that all records I
documents, conveyance deed, corporation records,
maintenance bills of the "Nilachal Housing Society" in which the
said premises was located, resolution of the "Nilachal Housing
D Society" under the West Bengal Apartment Owners Act giving
the detailed list of flat owners, show N. L. Tantia IR. L. Tantia
and Sons as the owner of the said premises.
). -
4. Mrs. Ava Rani Ghosh Dastidar served a notice in the
E year 1982 on the Society as to why maintenance bills etc. were
not made out in her name. Mrs. Ava Rani Ghosh Dastidar
thereafter filed Civil Suit No. 322 of 1982 against the Society
asking them to include her name as the owner and send all
-
correspondence, maintenance bills etc to her. The President
_,
F and Secretary of the Housing Society filed a reply in this Suit )
stating that Mrs. Ava Rani Ghosh, Dastidar could not be
recognized as a owner in absence of any document to prove
her ownership. She was asked to submit better documents
proving her ownership.

G 5. M/s. R. L Tantia & Sons (HUF) served a notice dated
20.04.1983 to Mrs. Ava Rani Ghosh Dastidar revoking the
licence granted and asking for vacant possession of the flat. i. .'-

When Smt. Ava Rani Ghosh Dastidar refused to vacate the flat,
Mr. Nandalal Tantia filed Suit No. 174 of 1983 for eviction
H
RAJNI TANDON v. DULAL RANJAN GHOSH 693
DASTIDAR [DR. MUKUNDAKAM SHARMA, J.]
- !< against her. A

6. The Appellant herein after coming to know that a Suit
for Eviction filed by his Predecessor in interest was pending
moved an Application for impleadment as a party. This
application for impleadment filed by the Appellant was rejected. B
The Title Suit No. 174of1983 filed by the erstwhile owner Mr.
Nandlal Tantia was dismissed on 29.01.1991 for default due
to the fact that Sri. N. L. Tantia having sold the property to the
4 Appellant was not interested in pursuing the matter.

7. The Appellant after being refused to be made a party c
in Suit for Eviction filed a fresh Suit in May 1990 for Eviction,
Possession and Damages for unauthorized occupation of the
property_ against the Respondents. This Suit was numbered as
.
_,
l
Title Suit No. 24 of 1991 .
·• D

·- "- 8. Respondent No. 2 alone contested the Suit. The said
defendant contended that Nandlal Tantia was not the owner of
the Suit property and he had no right title and interest therein
and as such the Appellant did not acquire any right, title and
interest in the Suit premises by virtue of her purchase of the E
same by a registered Deed of Conveyance dated 28.02.1990.
The said Respondent further made out a case for acquisition
of title by adverse possession upon contention that the said
defendant has· been occupying the Suit premises along with his
mother since 11.09.1978 as of right and adversely against the
\ F
rightful owner and after the death of his mother in the year 1983
he is in possession of the same adversely against the interest
of any other person. The Respondent No. 2 also urged that one
Mr. Indra Kumar Halani executed the said Sale Deed on behalf
of Nandlal Tantia as his constituted Attorney in favour of the
appellant and presented the same for registration. It was G
therefore argued that registration of the Sale Deed was hit by
,>- j. provisions of Section 33 (1) (a) of the Act as the power of
~ttorney in favour of Indra Kumar Halani was not executed
before and authenticated by the Registrar or Sub-Registrar
within whose District or Sub-District said Nandalal Tantia H
694 SUPREME COURT REPORTS [2009] 11 S.C.R.

A resided. ,.

9. The Trial Court recorded a finding that the Power of
Attorney under which the Sale/Conveyance Deed was executed
was not registered and the same ought to have been registered ;..
as Mr. Indra Kumar Halani executed the said Sale Deed on
8
behalf of Nandalal Tantia as his constituted Attorney and
presented the same for registration. Hence, it was held to be
in violation of provisions of Section 32 and 33 of the Act.
Consequently, it was also held that the Title in the said premises .1.
had not passed in favour of the Appellant. The Trial Court
C accordingly dismissed the Suit as the Appellant/Plaintiff did not
acquire any right title and interest QY virtue of her purchase by
the said deed of conveyance dated 28.02.1990.

10. In the appeal filed by the Appellant against the said
D decree of dismissal of the suit, the first appellate court held that
that the Respondent failed to establish his case for acquisition
of title in the suit premises by adverse possession. On the
question of presentation of the said deed of conveyance for·
registration by Indra Kumar Halani, the Court of Appeal held
E that the same was properly registered as Indra Kumar Halani
being the executant of the same had presented the same for
registration and as such the provision of Section 33 (1) (a) of
the Act were not applicable in the facts and circumstances of
this case and consequently decreed the Suit in favour of the
F Appellant. I

11. It may be mentioned herein that in the second appeal
before the High Court the Respondent did not assail the finding
of the first appellate court that they did not acquire right, title
and interest in the suit premises by way of adverse possession.
G Such findings therefore became final. During the course of
hearing, two substantial questions of law were raised in the
following manner:

"(a) Whether the finding of the Court as regards the validity
H
RAJNI TANDON v. DULAL RANJAN GHOSH 695
DASTIDAR [DR. MUKUNDAKAM SHARMA, J.)
jl(
of the Sale Deed being Exhibit 1 executed and presented A
by an Agent - Indra Kumar Halani on behalf of the principal
on the strength of a power of attorney (Exhibit - 10) is
sustainable in Law, when admittedly Exhibit 10 was not
registered nor an authenticated document in the manner
prescribed in Section 33 of the Registration Act. B
(b) Whether the findings of the Appellate Court as to the
validity of the registration of the document (Exh. 1) done
4 in good faith and on active participation of the Registration
by drawing inference from Section 87 of the Registration
Act is liable to be sustained in law when the question at
c
issue is not the defects in the procedure of the Registrar,
but the lack of jurisdiction and more so, when the findings
recorded by the trial Court in this regard were not
reversed."

-" 12. The High Court. after hearing arguments of the counsel
appearing for the parties, answered the question No. 1 as also
question No. 2 in favour of the Respondents - Defendants. So
D

far as q1,1estion No. 1 is concerned, it was held that since the
power of attorney (Exhibit 10) is, admittedly, not a registered E
document and was simply notarized by a Notary, therefore Indra
Kumar Halani, was not authorized to execute and present the
sale deed (Exhibit 1) before the Sub-Registrar for registration.
It was, therefore, held by the High Court that no right and title
~ had passed to the Plaintiff on the basis of the aforesaid sale 'F
deed. Accordingly, the issue No. 1 was decided in favour of
the Respondents - Defendants. So far question No. 2 is
concerned, upon a conjoint reading of Section 32, Section 33
(1) (a) and Section 34 of the Act, the High Court took the view
that it was difficult to conclude that Indra Kumar Halani became
G
the executant by himself on the basis of the power of attorney
.,>- ,i which was neither executed nor authenticated in the manner
provided under Section 33 (1) (a) of the Act so as to enable
him to present the sale deed for registration in compliance with
the provisions of Section 32 (a) of the Act. The second appeal
H
696 SUPREME COURT REPORTS [2009] 11 S.C.R.

A was accordingly allowed and the suit filed by the Appellant -
Plaintiff was dismissed vide its judgment and order dated
20.08.2003.

13. Being aggrieved by the aforesaid decision, the
Appellant - Plaintiff preferred the present appeal,
8
14. Leave was granted by this Court and the Respondent
Nos. 2(a) and 2(b) entered appearance. The preparation of the
paper books was dispensed with and it was directed that the
case be heard on the basis of the SLP paper books. On an
C .
application
-
being filed by the appellant-plaintiff herein, it was
ordered that the appeal would be listed during the summer
vacation, 2009 before this Court. Consequently, the appeal was
listed for hearing before us on 19th May 2009.

D 15.. Learned Counsel for the Appellant - Plaintiff argued
the case at length before us. However, none appeared for the
Respondents - Defendant when the matter was heard. ) -
16. It was submitted by the learned counsel appearing for
the Appellant - Plaintiff that in this case what is applicable is
E Section 32 (a) of the Act and the provisions of Section 33 (1)
(c) of the Act would have no application. It was further submitted
by him that it is not necessary that a power of attorney to
execute document, is capable of being recognized only when
it is mandatorily registered and authenticated under Section 33
F (1) (c) of the Act. It was next submitted that pursuant to the
power of attorney executed by Nandlal Tantia in favour of Indra
Kumar Halani authorizing him (Indra Kumar Halani) to execute
the sale deed, he duly executed and presented the said sale
deed for registration before the Sub - Registrar and the said
G registration was done by the Sub-Registrar. In support of his
submission he relied upon decisions rendered by various High
Courts, viz._, Motilal v. Ganga Bai [AIR 1915 Nagpur 18],
Gopeswar Pyne v. Hem Chandra Bose & Ors. [AIR 1920
Calcutta 316], Mt. Aisha Bibi v. Chhajju Mal & Ors. [AIR 1924
H
RAJNI TANDON v. DULAL RANJAN GHOSH 697
~

-" DASTIDAR [DR. MUKUNDAKAM SHARMA, J.]

Allahabad 148], Sultan Ahmad Khan v. Siraju/ Haque and Ors A
[AIR 1938 ALL 170], Ram Gopa/ v. L. Mohan Lal & Ors. [AIR
1960 Punjab 226] and Sami Ma/ti Vahuji Maharaj v.
Purushottam Lal Poddar [Al R 1984 Calcutta 297]. These
decisions support the stand taken by the Appellant - Plaintiff
before us. e
17. However, our attention was also drawn to decisions in
which the courts had taken a contrary view. Reference in this
... regard may be made to the decisions, viz., D. S9rdar Singh v.
Seth Pissumal Harbhagwandas Bankers [AIR 1958 Andhra
Pradesh 107] and Abdus Samad vs. Majitan Bibi & Anr. [AIR
c
1961 Calcutta 540].

18. In view of the aforesaid situation, the issue that falls
for our consideration is whether a person who executes a
document under the terms of the power of attorney, is, in so far D
~- 4 as the registration office is concerned, the actual executant of
the document and is entitled under Section 32 (a) to present it
for registration and get it registered.

19. Part VI of the Act deals with 'Presentation of E
Documents for Registration'. Sections 32 and 33 of the Act
• which are in Part VI deal with 'persons to present documents
for registration' and 'power-of-attorney recognisable for
.. ~-
purposes of Section 32' respectively. Section 32 and 33 of the
Act are refeFred to hereunder:
F
"Section 32. Persons to present documents for
registration. -

Except in the cases mentioned in Sections 31, 88 and 89,
every document to be registered under this Act, whether G
such registration be compulsory or optional, shall be
>·· ,j presented at the proper registration-office:

(a) by some person executing or claiming under the
same, or, in the case of a copy of a decree or order,
claiming under the decree or order, or H
69!3 SUPREME COURT REPORTS [2009] 11 S.C.R.

A (b) by the representative or assign of such person, or

(c) by the agent of such person, representative or
assign, duly authorized by power-of-attorney
executed and authenticated in manner hereinafter
mentioned".
B
"Section 33. Power-of-attorney recognisable for purposes
of Section 32:-

(1) For the purposes of Section 32, the following
c powers-of-attorney shall alone be recognised,
namely:-

(a) if the principal at the time of executing the power-
of- attorney resides in any part of India in which this
Act is for the time being in force, a power-of-
D attorney executed before and authenticated by the
Registrar or Sub-Registrar within whose district or
sub-district the principal resides;

(b) if the principal at the time aforesaid resides in any
E part of India in which this Act is not in force, a
power-of-attorney executed before and
authenticated by any Magistrate;

(c) if the principal at the time aforesaid does not reside
in India, a power-of-attorney executed before and
F
authenticated by a Notary Public, or any Court,
Judge, Magistrate, Indian Consul or Vice-Consul,
or representative of the Central Government:

Provided that the following persons shall not be
G required to attend at any registration-office or Court
for the purpose of executing any such power-of-
attorney as is mentioned in clauses (a) and (b) of
;-
this section, namely:-

H (i) persons who by reason of bodily infirmity are
RAJNI TANDON v. DULAL RANJAN GHOSH 699
...., DASTIDAR [DR. MUKUNDAKAM SHARMA, J.)

" unable without risk or serious inconvenience A
so to attend;

(ii) persons who are in jail under civil or criminal
process; and

(iii) persons exempt by law from personal B
appearance in Court.

...j (2) In the case of every such person the Registrar or
Sub- Registrar or Magistrate, as the case may be,
if satisfied that the power-of-attorney has been c
voluntarily executed by the person purporting to be
the principal, may attest the same without requiring
his personal attendance at the office or Court
aforesaid.
~ D
~ .i
(3) To obtain evidence as to the voluntary nature of the
execution, the Registrar or Sub-Registrar or
M~gistrate may either himself go to the house of the
pe_rson purporting to be the principal, or to the jail
in which he is confined, and examine him, or issue
a commission for his examination. E

(4) Any power-of-attorney mentioned in this section
may be proved by the production of it without further
proof when it purports on the face of it to have been
~-
executed before and authenticated by the person F
or Court hereinbefore mentioned in that behalf.

20. Section 32 deals with persons who are eligible to
present documents for Registration before the proper
registration office. Section 32 specifies three categories of
persons who can present documents for Registration. The use G
..... ,j of the word "or" between the Clauses of Section 32
demonstrates that the legislature intended the said Clauses to
be read disjunctively and not conjunctively. It is settled law that
the use of the word 'or' is used to signify the disjunctive nature
H
700 SUPREME COURT REPORTS (2009] 11 S.C.R.

...
A of a provision. In this regard reference may be made to the
decision of this Court in State of Orissa v. The State of Andhra
Pradesh reported in (2006) 9 SCC 591.

21. Clause (a) of Section 32 specifies that a document can
be presented for registration by
B
(i) by the person executing the document

(ii) any person claiming under the document presented ..
for registration and
c (iii) in the case the said document is a copy of a
decree or order, any person claiming under the
decree or order.

22. Clause (b) and (c) deal with cases where the document
D is presented not by any person mentioned in (i), (ii) and (iii) /

above but by their agent, representative or assign. This is so ~

because the use of the words "such person" in Clause (b) and
(c) can be understood to mean only persons as referred to in
(i), (ii) and (iii) above. It may also be mentioned herein that the
E scope of Clause (b) and (c) in Section 32 may to an extent
overlap one another. However, we do not propose to deal with
the same as it is not relevant for determination of the issue
before us. It is suffice to say that in so tar as Clause (c) of
Section 32 is concerned the agents, representative or assigns
F of the persons referred to in (i), (ii) and (iii) above can present
..
the said document for registration only if they are duly
authorized by power-of-attorney executed and authenticated in
manner hereinafter mentioned. The words "executed and
authenticated. in manner hereinafter mentioned" in Section 32
G
(c) would mean the procedure specified in Section 33. This is
clear from the opening words of Section 33 which reads "for
the purposes of Section 32, the following power-of-attorney shall lr ....
alone be recognised". Section 32 refers to documents
presented for registration by a holder of "power-of-attorney" in
Clause (c) and it therefore follows that the procedure specified
H
RAJNI TANDON v. DULAL RANJAN GHOSH 701
.- DASTIDAR [DR. MUKUNDAKAM SHARMA, J.]
~ under Section 33 would be attracted where a document is A
presented by a person holding a "powers-of-attorney" of the
persons mentioned in Clause (a) of Section 32.

23. The aforesaid position makes it explicitly clear that
Section 32 of the Act requires the documents sought to be 8
registered, to be presented, inter alia by the person executing
it. In other words, the said expression requires presence of the
actual person executing the document. The basic principle
underlying this provision of the Act is to get before the Sub-
Registrar the actual executant who, in fact, executes the
document in question. In fact, the ratio of the decision in Ram
c
Gopal (supra) as repo_rted in AIR 1960 Punjab 226 has laid
down a similar proposition on the conjoint reading of Section
32 and Section 33 of the Act and after referring to all fhe
judgments noted hereinbefore. Same view has been expressed
earlier by the Bombay High Court in Rati/al Nathubhai and D
- " Anr. v. Rasiklal Magan/al and Ors., AIR 1950 Bombay 326.

24. It is important to bear in mind that one of the categories
of persons who are eligible to present documents before the
registration office in terms of Section 32 of the Act is the E
"person executing" the document. The expression "person
executing" used in Section 32 of the Act, can only refer to the
person who actually signs or marks the document in token of
execution, whether for himself or on behalf of some other
~
person. Thus, "person executing" as used in Section 32 (a) of F
the Act signifies the person actually executing the document
and includes a principat'who executes by means of an agent.
Where a person hold a power of attorney which authorises him
to execute a document as agent for some one else, and he
executes a document under the terms of the power of attorney,
G
he is, so far as the registration office is concerned, the actual
executant of the document and is entitled under Section 32 (a)
__.. l/
to present it for registration and get it registered.

25. In view of the aforesaid legal position, we are of the
considered view that the law laid down by the Andhra Pradesh H
702 SUPREME COURT REPORTS [2009] 11 S.C.R.
-.

A High Court in D. Sardar Singh v. Seth Pissumal
Harbhagwandas Bankers [AIR 1958 Andhra Pradesh 107] and
the decision of Calcutta High Court in Abdus Samad v. Majitan
Bibi & Anr. [AIR 1961 Calcutta 540] with regard to the
interpretation of Section 32 and 33 of the Act is not the correct
B legal position.

26. In the facts of the present case, it is quite clear that
Indra Kumar Halani, was given the full authority by Nandalal
Tantia under the power of attorney to transfer the suit property
and to execute the necessary document. It is an accepted
C position that the said document had been executed by Indra
Kumar Halani in the name and on the behalf of Nandalal Tantia
thereof. Therefore, for the purposes of registration office under
Section 32 (a) of the Act Indra Kumar Halani is clearly tfie
"person executing" the document. Therefore, it follows that the
D said sale deed which was executed and authenticated by Indra
Kumar Halani could be presented for registration by him. We
are of the considered view that Indra Kumar Halani acted in the
.-
aforesaid manner mandated under Section 32 (a) of the Act.

E 27. The object of registration is designed to guard against
fraud by obtaining a contemporaneous publication and an
unimpeachable record of each document. The instant case is
one where no allegation of fraud has been raised. In view
thereof the duty cast on the Registering Officer under Section
F 32 of the Act was only to satisfy himself that the document was
executed by the person by whom it purports to have been
signed. The Registrar upon being so satisfied and upon being
presented with a document to be registered had to proceed
With the registration of the same.
G 28. The High Court held that since the power of attorney
was not registered document, Indra Kumar Halani, was not
\< --
authorized .to execute and present the sale deed before the
Sub-Registrar for registration. It was, therefore, held by the High
Court that no right and title had passed to the Plaintiff on the
H
RAJNI TANDON v. DULAL RANJAN GHOSH 703
DASTIDAR [DR. MUKUNDAKAM SHARMA, J.]
.... ~ basis of the aforesaid sale deed. The High Court also held that A
upon a conjoint reading of Section 32, Section 33 (1) (a) and
Section 34 of the Act, it was difficult to conclude that Indra
Kumar Halani became the executant by himself on the basis
of the power of attorney which was neither executed nor
authenticated in the manner provided under Section 33 (1) (a) B
of the Act so as to .enable him to present the sale deed for
registration i11 compliance with the provisions of Section 32 (a)
of the Act. We do not agree with the said findings of the High
->I Court.

29. Where a deed is executed by an agent for a principal
c
and the same agent signs, appears and presents the deed or
admits execution before the Registering Officer, that is not a
cas.i) of presentation under Section 32 (c) of the Act. As
-.' _ _J>,>rli&l;./he provisions of Section 33 will come into
. ' :" . ' ncases where presentation is in terms of Section 32 D
- ,.. ';: (c. Act. In other words, only in cases where the person(s)
signing the document cannot present the document before the
registering officer and give$ a power of attorney to another to
present the document that the provisions of Section 33 get
attracted. It is only in such a case, that the said power of E
attorney has to be necessarily executed and authenticated in
the manner provided under Section 33 (1) (a) of the Act.

- ~
30. In the instant case, Indra Kumar Halani executed the
document on behalf of Shri N. L. Tantia under the terms of this
power of attorney. He then presented it for registration at the
F

Registration Office and it was registered. The plea taken by the
Respondents that in order to enable him to present the
document it was necessary that he should hold a power of
attorney authenticated before the Sub-Registrar under the
G
provisions of Section 33 is thus not supported by the language
of Section 32. The provisions of Section 33 therefore only apply
, . __,.. .+ where the person presenting a document is the general attorney
-0f the person executing it, and not where it is presented for
registration by the actual executant, even though he may have
H
704 SUPREME COURT REPORTS [2009] 11 S.C.R.

A executed it as agent for some one else. In this case, the
presentation is by the actual executant himself and is hence is
entitled under Section 32 (a) to present it for registration and
to get it registered.

31. Accordingly, we allow the present appeal and set aside
8
the judgment and order passed by the High Court and restore
the judgment and decree passed by the first appellate court
whereby and whereunder a decree for eviction of the
respondents-defendant was passed. No order as to the costs.

c
D.G. Appeal allowed.