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2012 Supreme(AP) 375

L.NARASIMHA REDDY
Gargagaboyina Radhakrishnad – Appellant
Versus
District Registrar – Respondent


Advocates Appeared:
For the petitioners:P. Rajasekhar, Advocate.
For the Respondents: G.P. for Revenue.

Judgment :

The petitioners and respondent No.4 are brothers. The 4th respondent owned premises bearing No.14-2-12, comprising of ground and first floors, at Anakapalle, Visakhapatnam District. He executed a gift deed dated 05.01.2005 in favour of the 1st petitioner in respect of first floor and a gift deed dated 23.06.2005 in favour of the 2nd petitioner in respect of ground floor. The petitioners state that possession of the property was delivered to them and that ever since then, they are in enjoyment of the same.

The 4th respondent executed two deeds of cancellation on 18.12.2010 cancelling the gift deeds referred to above. They were registered by the Sub-Registrar, Anakapalle, 2nd respondent herein. The petitioners challenge the action of the 2nd respondent in registering the said deeds of cancellation. They contend that the absolute title in respect of the property stood transferred in their favour with the execution of gift deeds and acceptance thereof and that the 2nd respondent ought not to have registered the deeds of cancellation, unless they are executed with the participation of all the parties to the transaction.

No counter affidavits are filed by the respondents.

Sri P









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