B PURUSHOTHAMAN Vs. K CHANDRAN

JUDGEMENT

(1.) AS both the appeals have been preferred against common order dated 18th April, 207, passed in W.P. Nos.49292 and 49293 of 2003 and common question of law is involved, they are heard together and disposed of by this common judgment.

(2.) IN regard to two properties, both in Bloc No.1, T.S. No.118 (Old survey No.256) in Ekkattuthangal Village to the extent of 7676 sq.ft. and 7752 sq.ft., respectively, two sale deeds were executed in favour of the contesting respondents/writ petitioners, both registered on 6th May, 1985 by document No.1303 and 1305 of 1985. The appellant, who was the 4th respondent in the writ petition, along with others, after about 21 years, filed two separate deeds for cancellation of those deeds registered in 1985 and they were provided with document Nos.8248 and 8249 of 206, both dated 3rd Nov., 2006. Having come to know, the respondents/writ petitioners, represented before the 3rd respondent, Joint Sub-Registrar, Saidapet, Chennai, to de-register document Nos.8248 and 8249/06, both dated 3rd Nov., 2006. Having received no reply, the writ petitions were preferred, wherein, learned single Judge passed the following common order on 18th April, 2007, as extracted below: -

(3.) IN view of the stand taken by the parties, we feel that the following issues are required to be determined: - i) Whether a document, which has already been registered, stand cancelled if a subsequent document is registered cancelling the earlier registered document. ii) If the answer is in affirmative, then the question will be, whether the Joint Sub-Registrar has jurisdiction to register a cancellation deed, which may amount to de-registration of the earlier deed.