SURISETTY REVATHI Vs. TALADI YALAMANDA RAO

JUDGEMENT

(1.) THE 1st respondent filed O.S.No.172 of 2007 in the Court of IX Additional District Judge (FTC), Visakhapatnam, against the petitioner (1st defendant) and respondents 2 and 3, for the relief of specific performance of an agreement of sale, dated 16.11.2005. The plea of the petitioner in her written statement was that though the agreement was entered into, it was cancelled at a later point of time. The trial of the suit commenced. The agreement of sale was taken on record. However, when the deed of cancellation is sought to be filed, an objection was raised by the 1st respondent, as to its admissibility. The ground pleaded was that the agreement of sale was a registered one and unless the deed of cancellation is also registered, it cannot be received in evidence. Through its order, dated 01.11.2012, the trial Court sustained the objection and refused to receive the document. The petitioner feels aggrieved by the same.

(2.) HEARD Sri Ravi Cheemalapati, learned counsel for the petitioner, and Sri M.Pitchaiah, learned counsel for the 1st respondent. It is not in dispute that the agreement, which is sought to be enforced in the suit filed for the relief of specific performance, was registered. The document was got registered, obviously because of the requirement under Section 17 of the Registration Act, 1908 (for short 'the Act'). Once a document is registered, the cancellation thereof can be only through another registered document. Even if the Act or the Rules made thereunder are silent on this aspect, it is a matter of common sense that a registered transaction can be set at naught only through another registered transaction. Though the trial Court has referred to Rule 117 of the A.P. Rules framed under the Act, the said provision is mostly about the ministerial acts, than stipulating a requirement under law.

(3.) THEREFORE , the C.R.P. is disposed of, modifying the order under revision to the effect that the deed of cancellation shall be inadmissible to prove the act of cancellation of agreement, but it can be taken into account for collateral purposes. There shall be no order as to costs. The miscellaneous petition filed in this revision petition shall stand disposed of.