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R. SUBRAMANIAN, R. SAKTHIVEL
P. V. R. K. Anjaneeya Guptha – Appellant
Versus
M. Anbazhagan – Respondent
JUDGMENT :
R. Subramanian, J.
[PRAYER: Writ Appeal filed under Clause 15 of the Letter Patent against the order dated 12.08.2022 made in W.P.No.1471 of 2022.]
Challenge in this appeal is to the order of the Writ Court granting the extraordinary relief of cancellation of Sale Deeds for non-payment of sale consideration.
2. The facts that led to the filing of the Writ Petition seeking a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 21.01.2022 and cancel the Sale Deeds dated 17.04.2019 and 13.10.2021 as mentioned in the Understanding Deed dated 30.03.2021 are as follows:
2.1. It is the case of the petitioner before the Writ Court that he is in the business of construction of buildings and he purchased the property subject matter of the Writ Petition in the year 2006. Due to certain financial difficulties experienced by him, he wanted to sell the property and the third respondent expressed his interest in purchasing the property for a consideration of Rs.48,87,000/- (Rupees Forty Eight Lakhs Eighty Seven Thousand Only). After further negotiation, an advance of Rs.5,00,000/- (Rupees Five Lakhs Only) was paid by way of cheque bearing No.325832 dr
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 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 intention of the parties in a sale deed, as evidenced by the recitals, is crucial in determining the passing of title and the validity of the sale. The power of the registering authority to cance....
A vendor cannot unilaterally cancel a registered sale deed as it conflicts with property law principles; disputes must be resolved in civil court.
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
The main legal point established in the judgment is that the Registering Authority has no power to unilaterally cancel a settlement deed, and such unilateral cancellation is void and non-est in 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....
Proper execution of cancellation deeds and conducting enquiries before registration is essential under Section 26(i)(k) of the Indian Stamps and Registration Act.
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