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2006 Supreme(AP) 1228

BILAL NAZKI, G.CHANDRAIAH, V.V.S.RAO
Yanala Malleshwari – Appellant
Versus
Ananthula Sayamma – Respondent


Judgement Key Points

Issue: The Full Bench addressed batch writ petitions challenging Sub-Registrars' registration of unilateral "cancellation deeds" purporting to nullify prior registered sale deeds, raising questions on validity of such cancellations, registering officers' duties under the Registration Act, 1908, and writ maintainability under Article 226. (!) (!) (!) [2000273430001]

Majority Holding (per V.V.S. Rao, J., concurred by G. Chandraiah, J.): - A registered sale deed under TP Act S.54 transfers ownership, but vendors retain locus to challenge via civil suit (Specific Relief Act Ss.31/34); unilateral cancellation deeds are registrable if compliant with Registration Act Ss.17/18 (non-testamentary instruments purporting to extinguish rights). (!) (!) (!) (!) (!) - Registering officers must examine documents (Ss.19-22,32,35; Rules 26,58) for formalities/identity but cannot inquire into title/validity or refuse beyond statutory grounds; refusal triggers appeals/suit (Ss.71-77). (!) (!) (!) - Disputes involve serious factual issues (fraud, consideration, authority) requiring evidence; writs inappropriate due to private law nature, alternative civil remedy, and judicial review limits (no disputed facts/adjudication). (!) (!) (!) [2000273430094] - Result: Writs dismissed; parties relegated to civil court. (!) (!)

Dissent (per Bilal Nazki, J.): Sale irrevocably extinguishes vendor's rights (TP Act Ss.5,8,54); unilateral cancellation deeds void/fraudulent (Contract Act S.23), against public policy; Sub-Registrars must refuse as they nullify prior registrations improperly; writs allowed to quash. (!) (!) (!)

Outcome: Writs dismissed by majority (2:1); civil suits directed; no costs; SLPC leave granted. (!) (!)


JUDGMENT

(Per V.V.S. Rao, J.)

PART-I

INTRODUCTION:

Almost a century old Registration Act, 1908, which came into force on 01-01-1909, after about fifteen amendments, has now thrown up sea-saw situation played by human ingenuity. These cases have thrown up a couple of interesting questions of law having far reaching consequences. Whether a person can nullify the sale by executing and registering a cancellation deed? Whether a registering officer, like District Registrar and/or Sub-Registrar appointed by the State Government, is bound to refuse registration when a cancellation deed is registered how the grievance, if any, is to be redressed in law? These and other incidental questions are required to be answered by this Full Bench.

BACKGROUND FACTS:

2. At the outset, brief reference may be made to the pleadings, in these W.P.No.23005of 2004* is filed by the petitioner seeking a writ of Mandamus declaring the action of the third respondent (hereafter called, Sub Registrar) in registering the deed of cancellation, dated 20-08-2003, bearing document No.2854 of 2003 executed by respondents 4 and 5 as void, illegal, contrary to statutory provisions, administrative instructions and circulars. It









































































































































































































































































































































































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