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2013 Supreme(P&H) 1219

RAMESHWAR SINGH MALIK
Ram Rattan – Appellant
Versus
Deputy Commissioner – Respondent


Advocates:
Advocate Appeared:
Mr. L.N. Verma, Advocate for the petitioners.
Mr. K.C. Bhatia, Addl. A.G, Haryana, for the State.
Mr. M.S. Rana, Advocate for Mr. Ashish Kapoor, Advocate for respondents No. 3 & 4.

Judgment

Rameshwar Singh Malik, J.

The twin important questions of law that fall for consideration of this Court are:

(i) Whether the Registrar had any jurisdiction to cancel the sale deed under the Registration Act, 1908?

(ii) Whether the impugned order cancelling the sale deeds without issuing notice or granting any opportunity of being heard to the vendees, was sustainable in law?

The present writ petition is directed against the order dated 27.12.1993 passed by Deputy Commissioner-cum-Registrar, Sonepat, whereby the four sale deeds dated 17.06.1992 were cancelled by him, under the Registration Act, 1908 ('the Act', for short).

The brief facts of the case are that Khewat No. 202/190 was comprising of 988 canals and 17 marlas of land, situated in the village of the parties. This land was owned by the Hindus as well as the Muslims. Consequent upon the partition of the country in 1947, share of the Muslims cosharers, who migrated to Pakistan, was declared as evacuee property and the same came to be vested in the custodian. The Joint Khewat No. 202/190 was partitioned by the Tehsildar (sales) cum-Assistant Collector, Ist Grade, Rohtak, vide order dated 13.03.1989 and the share of Muslims,




























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