(1.) Almost a century old Registration Act, 1908, which came into force on 01-01-1909, after about fifteen amendments, has now thrown up sea-saw situation played by human ingenuity. These cases have thrown up a couple of interesting questions of law having far reaching consequences. Whetheraperson can nullify the sale by executing and registering a cancellation deed? Whether a registering officer, like District Registrar and/or Sub Registrar appointed by the State Government, is bound to refuse registration when a cancellation deed is presented? When cancellation deed is registered how the grievance, if any, is to be redressed in law? These and other incidental questions are required to be answered by this Full Bench.
(2.) At the outset, brief reference may be made to the pleadings, in these petitions. W.P.No.23005 of 2004 is filed bythe petitioner seeking a writ of Mandamus declaring the action of the third respondent (hereaftercalled, Sub Registrar) in registering the deed of cancellation, dated 20-08-2003, bearing document No.2854 of 2003 executed by respondents 4 and 5 as void, illegal, contrary to statutory provisions, administrative instructions and circulars. It is the case of the petitioner that her husband purchased Flat No.302 in II Floor of Ashwood Villa under a registered sale deed, dated 12-01-1994, together with undivided share in the land admeasuring 100 square yards. The same was executed by respondents 5 and 6. The petitioner took possession of the flat and allegedly invested considerable amounts on improvements. It appears there is a dispute between the builder on one side and respondents 4 and 5 on the otherside, who are seeking redressal before various authorities. The petitioner also alleges that all the owners of the apartments in the Ashwood Villa formed into an association, spent money for construction of compound wall, landscaping, provision for drain water pipes and for lighting of the stilt. It is stated that the builder contravened the sanction plan and on apprehension, the petitioner and others approached various forums for regularization of constructions. The builder with the connivance of respondents 4 and 5 (owners of the land), made constructions in deviation of the sanctioned plan. They also filed writ petition being W.P.No.8971 of 1999 for regularization. The same was disposed of by this Court directing the Commissioner, Municipal Corporation of Hyderabad, who by proceedings, dated 26-03-2004, regularized constructions. When the enquiry was pending before the Commissioner, Municipal Corporation of Hyderabad, respondents 4 and 5 produced copies of cancellation deed cancelling the registered sale deed executed in favour of the petitioner. The execution and registration of cancellation deed at the Office of the Sub Registrar is a fraud committed by respondents 3, 4 and 5 in active collusion with the officials. The cancellation deed was executed on the ground that the petitioner did not pay the sale consideration and therefore, the sale could not be completed. By the said cancellation deed, the sale deed executed in favour of the petitioner on 12-01-1994 was cancelled, which is illegal and contrary to the provisions of Registration Act and Transfer of Property Act, 1882 (TP Act).
(3.) Respondents 4 and 5 filed common counter affidavit. It is to the following effect. The dispute raised in the writ petition pertains to contractual obligation between the petitioner and respondents 4 and 5. The same is a matter to be decided by the competent civil Court. Writ jurisdiction in public law remedy cannot be invoked for resolution of private law dispute. The writ petition, is therefore, not maintainable. The Registration Act does not confer any power on registering officer to make an enquiry into infringement of rights resulting from cancellation of sale deed or any other deed. The Rules framed under the Registration Act specifically prohibit any enquiry by the registering officer into validity of the document on the ground that the executing party had no right to execute such document. Thedisputerelatingtocancellation of sale deeds, gift deeds etc., are in the realm of private law and requires to be adjudicated only in common law proceedings, such as a suit under the Specific Relief Act, 1963.
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