THE HON’BLE SRI JUSTICE K.SARATH WRIT PETITION No.27755 of 2018

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 4 and learned counsel for the respondent No.5 and perused the entire material on record.

2. Learned counsel for the petitioner submits that aggrieved by the unilateral execution and registration of the Revocation Gift Settlement dated 23.09.2016 presented by the respondent Nos.4 and 5 vide Document bearing No.5588 of 2016 on the file of the respondent No.4-Joint Sub-Registrar-14, Saroornagar, Rangareddy District, the petitioner filed the present Writ Petition.

3. Learned counsel for the petitioner further submits that the unofficial respondent has executed the Gift Settlement Deed in favour of the petitioner through document No.639 of 2012 on the file of the Sub-Registrar, Maheswaram, Ranga Reddy District on 12.01.2012. Thereafter, the respondent No.5 has filed O.S.No.197 of 2016 on the file of the Principal District Judge, Ranga Reddy District, L.B.Nagar, for cancellation of said Gift Settlement Deed. Pending above said suit, the respondent No.5 has presented Revocation of Gift Settlement Deed, which is unilaterally executed and registered by the respondent No.4-Joint Sub-Registrar and the same is contrary to the Rule 26(i)(k) of the Telangana Rules under the Registration Act, 1908. Therefore, learned counsel requested this Court to allow the writ petition by setting aside the impugned Revocation of Gift Settlement Deed bearing No.5588 of 2016 on the file of the respondent No.4 executed by the respondent No.5.

4. Learned counsel for the unofficial respondent has not disputed the pending O.S.No.197 of 2016 on the file of the Principal District Judge, Ranga Reddy District, L.B.Nagar filed by the respondent No.5 for cancellation of said Gift Settlement Deed bearing Document No.639 of 2012 on the file of the Sub-Registrar, Maheswaram, Ranga Reddy District and the said suit is at the stage of trial. Therefore, requested this Court to pass appropriate orders.

5. After hearing both sides and on perusing the entire material on record, this Court is of the considered view that the respondent No.4 herein registered the alleged Revocation of Gift Settlement Deed dated 23.09.2016 without participation of the petitioner herein or any order of the competent authority and the same is contrary to the Rule 26(i)(k) of the Telangana Rules under the Registration Act, 1908.

6. Rule 26(i)(k) of the Telangana Rules under the Registration Act, 1908 is reads as follows:

“Rule 26(i)(k):- 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.”

7. In view of the aforementioned Rule, both the parties have to contest their grievance in O.S.No.197 of 2016 on the file of the Principal District Judge, Ranga Reddy District, L.B.Nagar, for cancellation of documents.

8. In view of above circumstances, the Writ Petition is allowed by setting aside the Revocation of Gift Settlement Document bearing No.5588 of 2016 dated 23.09.2016 on the file of the respondent No.4-Joint Sub- Registrar-14, Saroornagar, Rangareddy District and granting liberty to the petitioner as well as the respondent No.5 to agitate their rights in O.S.No.197 of 2016 on the file of the Principal District Judge, Ranga Reddy District, L.B.Nagar.

9. Miscellaneous petitions, pending, if any, in this writ petition shall stand closed. No order as to costs.

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JUSTICE K.SARATH Date: 29.04.2025 spk