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2022 Supreme(Telangana) 514
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MUMMINENI SUDHEER KUMAR, J.
Cherukuthota Raghunath – Petitioner
Versus
The Commissioner and Inspector General of Registration and Stamps A.P. – Respondent
Writ Petition No. 38018 of 2014
Decided On : 03-11-2022
Advocate Appeared:
For the Petitioner: R. Dheeraj Singh.
For the Respondent: Kiran Palakurthi.
Unilateral registration of revocation of a Gift Settlement Deed without compliance with Rule 26(i)(k) of the Telangana Rules under the Registration Act, 1908 is illegal and arbitrary.
Headnote:
Revocation of Gift Settlement Deed - Registration Act, 1908 - Rule 26(i)(k)
Fact of the Case:
The petitioner challenged the unilateral registration of revocation of a Gift Settlement Deed executed by the fifth respondent. The revocation was registered by the second respondent without compliance with Rule 26(i)(k) of the Telangana Rules under the Registration Act, 1908.
Finding of the Court:
The court found that the revocation deed was registered in violation of Rule 26(i)(k) and declared it as illegal and arbitrary. The second respondent was directed to cancel the revocation deed and carry out necessary endorsements in the relevant register.
Issues: Unilateral registration of revocation of Gift Settlement Deed, compliance with Rule 26(i)(k) of the Telangana Rules under the Registration Act, 1908.
Ratio Decidendi: The court held that the revocation deed was registered in violation of Rule 26(i)(k) and declared it as illegal and arbitrary, citing the intention of the rule making authority and the applicability of writ jurisdiction under Article 226 of the Constitution of India.
Final Decision: The Writ Petition was allowed, and the revocation deed was declared as illegal and arbitrary. The second respondent was directed to cancel the revocation deed and carry out necessary endorsements in the relevant register. No costs were awarded, and pending Miscellaneous Applications were closed.
ORDER :
1. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Revenue for the respondents 1 to 4 and 6 and Mr. Kiran Palakurthi, learned counsel for the respondents 7 to 9 (LRs of the deceased-fifth respondent).
2. The unilateral registration of revocation of Gift Settlement Deed, dated 19.11.2014 vide document No. 8901/2013 executed by the fifth respondent herein revoking the Gift Settlement Deed, dated 05.06.2013 is challenged in the present Writ Petition.
3. The fifth respondent herein executed Gift Settlement Deed, dated 05.06.2013 in favour of the petitioner herein and the same was registered in accordance with law. Consequent upon the said Gift Settlement Deed, the petitioner herein approached the revenue authorities for mutation of the subject property covered by the said Gift Settlement Deed and the same was directed to be mutated in the name of the petitioner through proceedings No. B/3439/2013 dated 14.11.2013. The name of the petitioner was also entered in the revenue records. While things stood thus, the fifth respondent herein approached the second respondent herein stating that the Gift Settlement Deed executed by her was not acted upon and not accepted by the petitioner and that the petitioner was not inducted into the possession of the property. Thus, the fifth respondent presented revocation of Gift Settlement Deed, dated 19.11.2014 before the second respondent and the second respondent registered the same as document No. 11442/2014, thereby revoking the Gift Settlement Deed that was executed by the fifth respondent herein.
4. In terms of Rule 26(i)(k) of the Telangana Rules under the Registration Act, 1908 (“the Rules” for brevity), the second respondent is under obligation to verify whether the cancellation deed presented for registration canceling the previously registered document is executed by both the executant and claiming parties or not and only on satisfying that the cancellation deed is executed by both the parties, the second respondent can proceed to register the said cancellation deed.
5. But, in the instant case, the impugned document i.e. the revocation of Gift Settlement Deed, dated 19.11.2014 is executed by only the fifth respondent herein and the petitioner herein, though was shown as party to the said document, has not signed on the said document. Thus, the second respondent failed to comply with the requirement of Rule 26(i)(k) and registered impugned revocation of Gift Settlement Deed executed by the fifth respondent. Hence, the same is registered in violation of Rule 26(i)(k) of the Rules, which reads as under:
“That the Cancellation Deed of the previously registered deed of conveyance on sale of immovable property is executed by both the executing and the claiming parties thereof unless such Cancellation Deed is executed under the orders of a competent Court or under Rule 243.”
6. Though the fifth respondent is served with notice and an appearance was entered, no counter affidavit is filed. As the fifth respondent is reported to have passed away, her legal representatives are brought on record as respondents 7 to 9 in the Writ Petition. Respondents 7 to 9 are also served with notice and proof of service is already filed before this Court vide USR No. 84260 of 2022 but no appearance was entered on behalf of respondents 7 to 9.
7. The effect of Rule 26(i)(k) of the Rules fell for consideration before this Court in the case of Pinnama Raju Ranga Raju vs. State of Andhra Pradesh, 2020 Law Suit (AP) 223 and this Court held as under:
“Thus, the term “conveyance” has a wider connotation and it would certainly include deeds of “sale/gift/exchange” deeds, it would have mentioned these category of documents specifically. There was no necessity to use the words “conveyance on sale.”
If the rule making authority, which framed Rule 26(i)(k)(i), intended that the said rule should apply only to “sale/gift/exchange” deeds, it would have mentioned these category of documents specif
