Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Bairagi Charan Nayak – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. registration authority lacks power to cancel (Para 6) |
| 2. writ petition allowed, cancellation held illegal (Para 7 , 8) |
| 3. directions for compliance of judgment (Para 9 , 10) |
Judgment :
A.C. Behera, J.
This writ petition under
2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, in order to transfer his some properties, the O.P. No.3 executed and registered a sale deed No.10391101963 dated 18.02.2011 (Annexure-1) in favour of the petitioner.
After registration of the said sale deed, the petitioner applied for mutation of the properties covered under that deed by filing Mu
Unilateral cancellation of a registered sale deed is illegal; only a civil court has the authority to cancel such documents.
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 District Registrar lacks authority to nullify registered documents under the Registration Act, with such powers vested only in civil courts.
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 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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
