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2025 Supreme(Online)(Cal) 3843

CALCUTTA HIGH COURT
Amrita Sinha, J
Samar Kumar Pal – Appellant
Versus
State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Debu Roy, Mr. M. K. Dey, Mr. Samar Kr. Pal
For the Respondents: Mr. Amrita Lal Chatterjee, Mr. Subhayam Barik

Table of Content
1. allegations concerning ownership and execution of a deed. (Para 1 , 2 , 3 , 4 , 6)
2. penal provisions under the registration act. (Para 5)
3. jurisdiction of civil courts on property ownership. (Para 7)
4. disposal of writ petition allowing civil court action. (Para 8 , 9)

1. The petitioner alleges that the private respondent no. 8, claiming himself to be the sole owner of the subject property, executed a deed of sale in favour of the other private respondents behind the knowledge and without the consent of the petitioner who is also a co-owner of the said property. The petitioner prays for direction upon the registering authority to cancel the registered deed of sale.

2. Learned advocate representing the State respondents has obtained instruction from the Additional Registrar of Assurances I, Kolkata dated 21st July, 2025 which clearly mentions that the prayer of the petitioner for cancellation of the registered deed cannot be accepted as there is no supporting law permitting cancellation of registration by the registering authority.

3. Learned advocate representing the private respondent no. 8 submits that the other co- owners subsequently authorised the private res

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