ORDER

The prayer sought for herein is for a writ of certiorari calling for the records pertaining to the proceedings of the second respondent in D.R.P.No.10 of 2016 dated 04.07.2016 and quash the same.

2. The third respondent had purchased the property through his father at R.S.No.262/26, Survey No.1690 4/6 part, 1690 3/6/1 part at Thattanchavady Revenue Village, Oulgaret Municipality, Puducherry. The said purchase had been registered as French Notorial Sale Deed dated 09.11.1964 and was registered at the concerned Registered Office in R.V.No.220, Folio 393, No.2235 dated 23.01.1964, accordingly, the third respondent had become the absolute owner of the property.

3. According to the third respondent, after purchasing this property, he had been in France for several years and after he returned to Pondicherry, when he verified about the property in question, it had been occupied by the petitioner and when this was enquired, he comes to know that the third respondent's brother one Anthoni Issac with the strength of a Power of Attorney, said to have been executed by the third respondent, had executed an unregistered sale deed dated 21.02.1996 by which the property in question has been bequeathed to and in favour of one Balakrishnan who, in turn sold the property to the petitioners vide registered Sale Deed No.3779/1998 dated 03.08.1998.

4. After coming to know all these developments, the third respondent had made a request to the respondent Registering Authority to cancel the sale deed dated 03.08.1998 taken place between Balakrishna Pillai and the petitioners as the same was pursuant to the alleged unregistered sale deed dated 12.12.1996 taken place between the brother of the third respondent Anthoni Issac and Balakrishna Pillai.

5. Accepting the said case set up by the third respondent, the Registering Authority, through its order dated 04.07.2016, has cancelled the sale deed dated 03.08.1998 on the ground that, the said deed of sale ought not to have been registered, in view of the fact that, the vendor of the sale deed claimed to have purchased the property only based on the sale deed dated 12.12.1996. Therefore, in the eye of law, especially, under Section 68 and 69 of the Registration Act, that kind of sale cannot be effected and therefore, that ought not to have been registered. Accordingly, the Registering Authority had come to the conclusion that, the registration of the sale deed dated 03.08.1998 in Sale Deed No.3779/1998 can very well be cancelled accordingly, he has cancelled. In the said order itself, the Registering Authority had further stated that, insofar as the possession of the property is concerned, the petitioners had been in possession and enjoyment of the property as per the report of the Tahsildar concerned and that has also been taken into consideration.

6. In that view of the matter, after having cancelled the sale deed concerned, the Registering Authority through the said order dated 04.07.2016 directed the parties concerned to approach the Civil Court to establish the right / title over the property. Aggrieved over the said order passed by the Registering Authority dated 04.07.2016, the petitioners have filed the present writ petition with the aforesaid prayer.

7. Heard Mr.R.Shase, learned counsel appearing for the petitioners who would submit that, insofar as the document in question, which is sought to be cancelled by the impugned action on the part of the respondents is concerned, it was the registered sale deed and once the sale deed is registered, the Registering Authority does not have any power to cancel it whatever be the reason. In this regard, even though the Circular dated 18.03.2015 was intended to be pressed into service, based on the said circular, power cannot be vested with the Registering Authority to cancel the sale deed already registered.

8. In this context, if at all any registration is taken place for transfer of property like the sale as the one now is in issue, the parties affected can