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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
K S HEMALEKHA
S.N. Ladhani, S/o. B. Mal – Appellant
Versus
Special Deputy Commissioner, Bengaluru District – Respondent
| Table of Content |
|---|
| 1. ownership and acquisition history of lands. (Para 1 , 2) |
| 2. arguments on the legality of cancelling sale deeds. (Para 4 , 5) |
| 3. court's analysis on jurisdiction and rule application. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
ORDER :
K.S. HEMALEKHA, J.
The petitioners, who claim to be the absolute owners in possession of 30 guntas and 20 guntas respectively in Sy.No.14/3 of Kodigehalli Village under Registered sale deeds dated 30.03.1992, have approached this Court, calling in question the impugned order dated 29.04.2010 passed by respondent No.1-Special Deputy Commissioner, Bengaluru, whereby the registration of their sale deeds have been cancelled by invoking Rule 17(iii) read with Rule 123 of the KARNATAKA REGISTRATION RULES , 1965 (‘Rules, 1965’ for short).
Brief facts:
2. The original owners, Hanumanthappa and Venkatappa had sold 30 guntas and 20 guntas in Sy.No.14/3 to the petitioners through registered sale deeds dated 30.03.1992, and the petitioners’ names were mutated in the revenue records. Sy.No.14/3 was initially notified for acquisition under notification dated 04.01.1985 followed by final notification on 22.09.1986 for the benefit of the respondent No
The power to cancel registered sale deeds lies exclusively within the jurisdiction of competent civil Courts, and any attempt by administrative authorities to do so is void and without legal effect.
The District Registrar lacks authority to nullify registered documents under the Registration Act, with such powers vested only in civil courts.
The Registration Authorities lack the power to cancel registered Sale Deeds for non-payment of sale consideration, as this is governed by substantive law and must be resolved in civil court.
The court established that non-payment of sale consideration does not justify cancellation of registered Sale Deeds by Registration Authorities, which is a matter for civil courts.
The power to cancel a document under the Registration Act, 1908, is limited, and civil disputes should be adjudicated by the Competent Civil Court of law.
The Registrar does not possess the authority to cancel registered sale deeds, and such powers cannot be conferred by executive order, as this would infringe upon statutory provisions governing regist....
(1) Cancellation of sale-deed – Registrar has no power to cancel registered sale deed and State Government cannot by an executive order, confer such a power on Registrar.(2) Annulment of registration....
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