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2009 Supreme(Mad) 2229

D.MURUGESAN, K.VENKATARAMAN
E. R. Kalaivan – Appellant
Versus
The Inspector General of Registration & Another – Respondent


Advocates Appeared:
For the Appellant:K. Bijai Sundar, Advocate. For the Respondents: Raja Kalifullah, Government Pleader.

Judgment :-

D. Murugesan, J.

Writ Appeal is against the order of the learned single Judge of this Court made in W.P.No.36093 of 2007 dated 12. 2009.

2. This writ appeal raises an important question as to whether the Registrar, who is empowered to register the documents under the Indian Registration Act, could register a document unilaterally executed by the vendor canceling the earlier sale made.

.3. The facts leading to the above issue arise on the following circumstances:

.By a registered Document No.81 of 2001 dated 2. 2001 on the file of the Sub-Registrar, Kalaiyarkoil, the appellant sold an extent of 0.90 cents to one Kannathal, Wife of (late) Ramasamy Konar of Aralikottai Village. Subsequently, the appellant approached the Sub-Registrar for registration of a deed of cancellation dated 1. 2006 on the ground the sale deed is not supported by consideration. It appears that the Registrar was reluctant to entertain such a document and refused to register the same apparently on the ground that the cancellation deed was sought to be registered without there being a consent from the purchaser. Hence, the appellant approached the Inspector General of Registration. The Inspector Gene
































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