ABDUL RAHEEM Vs. SPECIAL THAHSILDAR (RR)

JUDGEMENT

(1.) Section 44 of the Revenue Recovery Act, 1966 hereinafter referred to as 'the Act'] reads as under:

(2.) The question in this case is whether the provisions of Sec. 44 being so, the jurisdictional Tahsildar could have cancelled a sale deed relating to a property over which there were proceedings for recovery. Though I do not propose to go into the details of the liabilities that are said to be against the owner of the property, I notice that more than one proceedings were initiated or were pending against the owner of the property when he sold it to the petitioner herein. The petitioner, after such sale, applied for transfer of registry in his name but orders were issued by the Tahsildar, not merely denying the transfer of registry, but cancelling the sale itself. The petitioner has filed this writ petition asserting that the Tahsildar has no power, even under the provisions of Sec. 44 of the Act, to cancel the sale deed.

(3.) I have heard Sri. V.K. Peer Mohamed Khan, the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the Revenue.