Smt.Tejinder Kaur v. Director General Of Stamps And Registration, Hyderabad

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 20371 of 2007 Order:

This Writ Petition was filed by the petitioner who claims to have purchased a Plot bearing Nos.271/1 and 272-G, admeasuring 500 sq. yards, situated in Survey No.650 of Balaji Nagar, Patancheru, Medak district from the fourth respondent Cooperative House Building Society under a registered sale deed dated 14.11.1985. Thereafter, the fourth respondent executed a cancellation deed on 27.01.2005, which was registered as document No.2171 of 2005 by the second respondent. After receipt of the said information, the petitioner obtained a copy of the deed of cancellation dated 27.01.2005 and filed the present Writ Petition. The issue with regard to unilateral cancellation of a sale deed was considered by the Full Bench of this Court in Yanala Malleshw ari v.

Ananthula Sayamma1 and held that the Writ Petition is not maintainable for cancellation of an instrument which purports to nullify a sale deed and the person aggrieved has to approach the civil Court. The said Full Bench decision of this Court was referred in a decision of the Hon'ble Supreme Court reported in Satya Pal Anand v. State of Madhya Pradesh2, with approval.

In view of the same, the present Writ Petition is dismissed leaving it open to the petitioner to challenge the deed of cancellation in a competent Civil Court, if she is so advised. There shall be no order as to costs.

1 AIR 2007 AP 57 2 (2016) 10 SCC 767

As a sequel thereto, the miscellaneous petitions pending in this Writ Petition, if any, shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 22.06.2017 Nsr