Penugonda Ramesh vs The State Of Ap
2023 Latest Caselaw 5985 AP

Andhra Pradesh High Court - Amravati

Penugonda Ramesh vs The State Of Ap on 11 December, 2023

                           HIGH COURT OF ANDHRA PRADESH


                   MAIN CASE No: W.P.No.31749 of 2023

                       PROCEEDING SHEET

Sl.                                                                                              OFFICE
        DATE                                       ORDER
No.                                                                                              NOTE.

01.   11.12.2023   RC,J

                                 W.P.No.31749 of 2023


                           Notice before admission.
                           Learned      Government         Pleader    for        Stamps     &
                   Registration takes notice for R1 to R3.
                           Learned counsel for the petitioners is permitted to
                   take out personal notice on the 4th respondent through

RPAD and file proof of service before the Registry.

Post on 27.12.2023.

________ RC, J I.A.N0.01/2023

Heard.

Learned counsel for the petitioners submitted that, the 4th respondent has executed Gift Settlement Deed dated 21.05.2023 in favour of the petitioners with respect to the subject property and eversince they are in peaceful possession and enjoyment of the same. He further submitted that, the 3rd respondent has unilaterally cancelled the gift deed on 13.09.2022, contrary to the provisions on the Registration Act, 1908 and rules made there under including Rule 26(i)(k)(i). If the said cancellation deed is allowed to subsist, apart from affecting the rights of the petitioners, 3rd parties interest may come into play. In support of his contentions, the learned counsel for the petitioners relied on the judgment of the Hon'ble Apex Court in Thota Ganga Laxmi Vs Govt of A.P.1 As such, prayed to pass appropriate orders in that regard.

A perusal of the record shows that, a gift was executed by the 4th respondent in favour of the petitioners and it was cancelled unilaterally by the 3rd respondent contrary to the provisions of the Registration Act, 1908 and rules made thereunder. It is well settled principle that, any registered conveyance deed including gift deed cannot be unilaterally cancelled. The judgment relied by the learned counsel for the petitioners is applicable to the facts of this case, wherein the Hon'ble Apex court has held that, if any sale deed is required to be cancelled, the only remedy is, by way of a civil suit for cancellation, but no cancellation deed can be unilaterally executed or registered.

The Supreme Court after referring to Rule 26(i)(k) of the Registration Rules, held that, it is only when the earlier sale deed is cancelled by a competent court a cancellation deed can be registered that too, after notice to the concerned parties; and unilateral cancellation of the sale deed, as well as registration deed thereof, were wholly void, non-est and meaningless transactions.

Prima facie, point has been made out for consideration in the present writ petition. As rightly contended by the learned counsel for the petitioners, if cancellation deed is allowed to subsist, the rights of the petitioners would be affected and also some 3rd parties interest may come into play. As such, this Court is inclined to pass the following interim order:

2010 (15) SCC 207 There shall be stay of operation and effect of the Cancellation deed dated 13.09.2022 vide document No.5785/2022 registered by the 3rd respondent, until further orders.

________ RC, J BRS