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2012 DIGILAW 207 (AP)

N. Sudeshkumar, S/o. Kishanlal v. District Registrar – South, Office of Registrar & Stamps, Erragadda, Hyderabad

2012-02-24

L.NARASIMHA REDDY

body2012
Judgment :- The petitioners presented a deed of cancellation, dated 19.05.2011, to the respondents for registration. Complaining that the respondents are refusing to admit the document for registration, they filed this Writ Petition. The petitioners state that one T.V.S. Maheswara Rao got registered a sale deed, dated 07.06.2005, purported to have been executed by Smt. Rajakumari, W/o. Sri Kishanlal, the mother of the petitioners herein, in respect of the premises bearing No.5-1-595/6 admeasuring 84 Square Yards at Troop Bazar, Hyderabad. They submit that their mother died on 12.05.2003, much before the execution of the alleged sale deed. By citing this and other reasons, they wanted to cancel the sale deed dated 07.06.2005, by executing a deed of cancellation.Learned counsel for the petitioners submits that the sale deed, dated 07.06.2005, is on the face of it, a forged one; and that the effort of his clients is to set the record right. He contends that the respondents ought to have admitted the deed of cancellation to registration. Learned Government Pleader for Revenue, on the other hand, submits that the request of the petitioners cannot be acceded to, for more reasons than one. She contends that the petitioners are not parties to the sale deed and that the purchasers under the sale deed did not figure as parties in the deed of cancellation. There used to be some uncertainty as to whether a sale deed, or for that matter any document relating to a transaction between two parties, can be cancelled by one of them and whether the registration of such document is valid in law. A full bench of this Court held that there is nothing illegal in it. However, recently, the Supreme Court rendered a judgment to the effect that once a transaction is brought into existence through a document by two or more parties, cancellation thereof can be only with the participation of all the parties and any steps taken by one of the parties are untenable in law. The Andhra Pradesh State Government has also amended Rule 26(k) of the Andhra Pradesh Rules under the Registration Act, 1908 directing that unless a deed of cancellation is executed and presented by all the parties to the document, that is sought to be cancelled, it cannot be admitted to registration. In the instant case, the petitioners are not parties to the sale deed, which was sought to be cancelled. In the instant case, the petitioners are not parties to the sale deed, which was sought to be cancelled. Execution of a deed of cancellation by person or persons, who are not parties to the transaction, is unknown to law. Further, even if it is to be assumed that the petitioners represent to the vendor under the sale deed, dated 07.06.2005, they can bring to existence the deed of cancellation only with the consent and the participation of the purchaser. Viewed from any angle, the steps taken by the petitioners cannot be countenanced in law. It is not as if the petitioners are without any remedy. If they are of the view that the sale deed, dated 07.06.2005, is forged or suffers from any other legal infirmity, they can file a suit for cancellation thereof under the relevant provisions of the Specific Relief Act, 1963, duly impleading the effected parties, as defendants. The Writ Petition is, accordingly, dismissed. The Miscellaneous Petition filed in this Writ Petition also stands disposed of. There shall be no order as to costs.