E R KALAIVAN Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) Writ Appeal is against the order of the learned single Judge of this Court made in W.P.No.36093 of 2007 dated 19.2.2009.

(2.) This writ appeal raises an important question as to whether the Registrar, who is empowered to register the documents under the Indian Registration Act, could register a document unilaterally executed by the vendor cancelling the earlier sale made.

(3.) The facts leading to the above issue arise on the following circumstances: By a registered Document No.81 of 2001 dated 5.2.2001 on the file of the Sub-Registrar, Kalaiyarkoil, the appellant sold an extent of 0.90 cents to one Kannathal, Wife of (late) Ramasamy Konar of Aralikottai Village. Subsequently, the appellant approached the Sub-Registrar for registration of a deed of cancellation dated 6.1.2006 on the ground the sale deed is not supported by consideration. It appears that the Registrar was reluctant to entertain such a document and refused to register the same apparently on the ground that the cancellation deed was sought to be registered without there being a consent from the purchaser. Hence, the appellant approached the Inspector General of Registration. The Inspector General of Registration issued a circular dated 5.10.2007, whereby all Deputy Inspector Generals of Registration, District Registrars and all Sub- Registrars were directed that the deed of cancellation should bear the signatures of both the vendor and the purchaser. This circular came to be challenged before this Court and by the impugned order, the writ petition was dismissed. Hence, the present writ appeal.