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2013 Supreme(AP) 350

C.V.NAGARJUNA REDDY
Gaddam Laxmaiah – Appellant
Versus
Commissioner and Inspector General, Registration and Stamps, Hyderabad – Respondent


Advocates:
Advocate Appeared:
Srinivas Polavarapu, Counsel for the Petitioners in both the cases;
Government Pleader for Revenue, Counsel for the Respondent Nos. 1 and 2 in both the cases;
Avinash Desai, Counsel for the Respondent Nos. 3 to 5 in WP No. 20683 of 2012;
K. Ravi Mahender, Counsel for the Respondent Nos. 3 to 5 in WP No. 2192 of 2013.

ORDER

These writ petitions raise questions as to whether unilateral cancellation of Development Agreement-cum-General Power of Attorney (GPA) and registration thereof under the Registration Act, 1908 (for short "the Registration Act") are permissible in law.

2. The brief facts leading to the filing of this writ petition are stated hereunder:

The petitioners are owners of 11088 Sq.yards of land in Sy. Nos. 1 to 4 of Seetharampur Village, Thokatta, Secunderabad Cantonment. They entered into two Development Agreements-cum-GPAs dated 21.2.2005 and 23.11.2005 with respondent No. 3. Respondent Nos. 4 and 5 are the partners of respondent No. 3 firm. Under the said two documents, the petitioners entrusted the development of the extents admeasuring 2741 and 2128 Sq. yards, respectively, and respondent No. 3 has undertaken to construct independent deluxe duplex type of houses by investing its monies and in consideration thereof the petitioners agreed to share the constructed area in the ratio of 46%:54% between them respectively. The petitioners have also nominated respondent Nos. 4 and 5 as their GPAs to facilitate respondent No. 3 to deal with its share of 54% of the constructed houses. The p





































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