Prathipati Rathaiah, Nalgonda ... vs Secy., Rev. Dept. 3 Ors.
2023 Latest Caselaw 2615 AP

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      HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
               WRIT PETITION No.7126 of 2012

ORDER:

Heard the learned counsel for the petitioner and the

learned counsel for the 5th to 8th respondents, who are main

contesting respondents.

2) The grievance of the petitioner is about the

unilateral cancellation of the Gift Deeds bearing No.13018

and 13019 of 2009, dated 12.10.2009. The matter is listed

today after a longtime.

3) Both the learned counsel agreed that the issue is

about the unilateral cancellation of documents, is no longer

res integra. It is clear from a large volume of case law that a

unilateral cancellation of registration deed and/or the

registration of the said cancellation deed is not valid in law.

In the case on hand, gift deed is the subject matter of the

dispute. It is agreed by both the learned counsel that a

learned single Judge of this Court in Pinnama Raju Ranga

Raju v State of Andhra Pradesh (W.P.No.15003 of 2014)

has clearly held by considering the Rule 26(i)(k)(i) of the

Registration Rules that it applies clearly to other

conveyances like Gift Deed, Agreement to Sale-cum-General

Power of Attorney etc. It is agreed that this judgment still

holds the field and in this judgment itself all the leading

judgments on the subject were considered by the learned

single Judge including a judgment of the Thota

Gangalakshmi v Government of Andhra Pradesh1. It also

went upto the Hon'ble Supreme Court of India.

4) The Hon'ble Supreme Court of India clearly held

that when an earlier deed is cancelled by a competent court,

the cancellation deed can be registered and that too after

notice to the concerned parties. It is admitted by all the

parties concerned through their counsels that the case law,

is now well settled. Hence the unilateral cancellation of the

two gift deeds mentioned earlier and the registration of the

revocation deeds bearing No.1447 and 1448 of 2012, dated

04.12.2012, executed in the office of the Joint Sub-Registrar,

Narsaraopet, held to be null and void. As a consequence the

earlier registration deeds bearing No.13018 and 13019 of

2009, dated 12.10.2009, are resurrected and are held to be

valid and in force.

MANU/SC/1267/2010 = 2012 (1) ALD 90

5) With the above observation the Writ Petition is

allowed. There shall be no order as to costs.

6) Consequently, the Miscellaneous Applications

pending, if any, shall also stand dismissed.

__________________________ D.V.S.S.SOMAYAJULU, J

Date:28.04.2023.

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