Point of Law : Procedure prescribed under Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules made under Registration Act, 1908 is applicable to deed of conveyance.

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:

“to issue a Writ, order or direction, more particularly one in the nature of Writ of Mandamus directing the respondent No.4 to cancel the registration of Cancellation document Nos.6302 and 6301 of 2012 dated 03.09.2012 made in Book No.1 Page No.1 in the office of Joint Sub Registrar, Nandyal, Kurnool District by contrary to Rule 26(i)(k)(i) of Andhra Pradesh rules under the Registration Act, 1908 and consequently set aside the said registration and pass such other orders.”

2. The case of the petitioner is that the 5th respondent gifted the land admeasuring Ac.2.05 cents in Sy.Nos.426 and 428 of Ayyalur Village in favour of the 1st petitioner under registered gift deed. The 1st petitioner obtained Pattadar Pass Books and Title Deed in his name and recorded his name in the concerned revenue records including Adangals and 1B document was also issued.

3. On 08.05.2006, the 6th respondent gifted the land admeasuring Ac.3.17 ¼ cents in Sy.No.427 and 428 of Ayyalur Village, Nandyal Mandal, Kurnool District in favour of the 2nd petitioner under Registered gift deed. The 2nd petitioner also obtained Pattadar Pass Book and Title Deed and also mutated his name in the revenue records.

4. The respondent Nos. 5 and 6 unilaterally executed deeds of cancellation dated 03.09.2012, cancelling the gift deeds executed by them in favour of the petitioner Nos.1 and 2 respectively and got it registered with the office of the 4th respondent .

5. The petitioner Nos.1 and 2 issued separate legal notices dated 14.12.2013 to the respondent Nos.5 and 6 and were informed that their action in cancelling the registered gift deed is illegal and void in law. Thereafter, the petitioner Nos.1 and 2 jointly executed a registered sale deed in favour of the petitioner Nos. 3 and 4.

6. The Tahsildar, Nandyal submitted a report to the Revenue Divisional Officer, Nandyal, on the appeal filed by the petitioner Nos.1 and 2. Later, the respondent Nos.5 and 6 also filed suits in O.S.Nos.639/2014 and 641/2014 on the file of Honourable Principal Senior Civil Judge, Nandyal, for declaration and injunction against the petitioner Nos.1 and 2 herein and the respective suits are pending before the competent court.

7. The main grievance of the petitioners is that for cancellation of registered gift deeds, notice is required to be issued under Rule 26(i)(k)(i) of Andhra Pradesh Registration Rules made under the Indian Registration Act, 1908 but, no such notices were issued to these petitioners before registering deeds of cancellation executed by the respondent Nos.5 and 6, thereby deeds of cancellation of the gift deeds dated 08.05.2006 and 01.09.2008 are illegal and contrary to the procedure prescribed under law.

8. The respondent Nos. 5 and 6 filed counter admitting about execution of gift deeds in favour of the petitioner Nos.1 and 2 and execution of the cancellation deeds dated 01.09.2008 and 08.05.2006 and contended that those gift deeds were original deeds obtained by the petitioner Nos.1 and 2 in favour of the respondent Nos.5 and 6 under undue influence and coercion, both documents were not acted upon and the respondents never delivered possession to the petitioner Nos. 1 and 2.

9. Even till today, the property covered under the registered gift deeds dated 01.09.2008 and 08.05.2006 is in possession and enjoyment of the 5th respondent and other three brothers and 6th respondent and his family members respectively. Basing on the possession and enjoyment of the 5th and 6th respondents, the revenue authorities mutated their names in the revenue records and issued Pattadar Pass Books and Title Deeds in their favour. As the said gift deeds dated 01.09.2008 and 08.05.2006 are sham and nominal documents and not acted upon, the 5th and 6th respondents executed cancellation deeds on 03.09.2012, cancelling the gift deeds dated 01.09.2008 and 08.05.2006 with the knowledge and co