The court ruled that the cancellation of a sale deed under Section 77A of the Registration Act is unconstitutional, requiring independent legal action for related documents.

ORDER :

1. The issue involved in both these writ petitions are interconnected and they are considered together, heard and disposed of through this common order.

2. WP No.25817 of 2023, has been filed challenging the circular issued by the 1^st respondent dated 31.07.2018 and the order passed by the 3^rd respondent dated 21.06.2022, following the said circular and also the order passed by the 2^nd respondent in appeal dated 20.07.2023 and for a consequential direction to the 4^th respondent to cancel the settlement deed dated 07.12.2022 registered as document No.10427 of 2022 and the sale deed dated 24.07.2023 registered as document No.5994 of 2023.

3. WP No.28027 of 2023, has been filed challenging the proceedings of the 2^nd respondent dated 22.08.2023 as illegal, invalid and unconstitutional.

4. Heard Mr.V.Arun, learned counsel for Mrs.R.Revathy learned counsel for the petitioner in both Wps and Mr.U.Baranidharan, learned Special Government Pleader for Respondents 1 to 3 in WP No.28027 of 2023 and for respondents 1 to 4 and 11 in WP No.25817 of 2023 and Mr.N.Manokaran, learned counsel for R4 in WP No.28027 of 2023 and for respondent 5 to 9 in WP No.25817 of 2023.

5. The petitioner is claiming right and title over the subject property by virtue of a registered sale deed dated 13.10.2005. A complaint was given by the 5^th respondent against the petitioner and his brother and parallelly a suit was filed by the 5^th respondent in OS No.1383 of 2011 before the District Munsif Court, Coimbatore, seeking for the relief of declaration of title and to declare the sale deed dated 13.10.2005 as null and void, since it was executed by the power agent after the cancellation of the power given to her.

6. In the year 2021, the 5^th respondent gave a complaint to the District Registrar to cancel the sale deed dated 13.05.2005 under Section 68(2) of the Registration Act. The District Registrar based on the circular issued by the 1^st respondent, passed an order that the sale deed dated 13.10.2005 has been fraudulently registered and allowed the Sub Registrar to carry out further transactions with respect to the property. The District Registrar did not actually cancel the sale deed but only held that the sale deed has been fraudulently registered. This proceedings including the circular was challenged in WP No.27297 of 2023 before this Court. This Court disposed of the writ petition by giving liberty to the petitioner to file an appeal against the said order. Accordingly, an appeal was filed before the 2^nd respondent. In the meantime, the 5^th respondent settled the suit property in favour of the respondents 6 to 9 through a registered settlement deed dated 07.12.2022. After the execution of this document, the suit that was pending in OS No.1383 of 2011 (which was renumbered as OS No.330 of 2020) was withdrawn and the Trial Court dismissed the suit as withdrawn on 03.02.2023.

7. Ultimately, the appellate authority passed an order on 20.07.2023 against the appeal and directed the parties to settle the title dispute before competent Civil Court. While passing the order, the appellate authority modified the order of the 3^rd respondent to remove the entry of the fraudulent sale. The petitioner also made a representation to the 4^th respondent to act upon the order passed by the Appellate authority viz., the 2^nd respondent. While so, the respondents 6 to 9 executed a sale deed in favour of the 10^th respondent through a sale deed dated 24.07.2023 which was registered as document No.5994 of 2023.

8. The petitioner filed a suit in OS No.149 of 2023 before the II Additional District Judge, Coimbatore, to declare that the sale deed dated 13.10.2005 is valid and also to declare the settlement deed executed by the 5^th respondent in favour of respondents 6 to 9 dated 07.12.2022 and also the subsequent sale deed that was executed by respondents 6 to 9 in favour of 10^th respondent dated 24.07.2023 as null and void and non-est. In that suit, the respondents in these writ petit