Orissa High Court
Subeda Nayak (Since Dead, Represented ... vs Government Of Orissa Represented ... on 19 November, 2007
Equivalent citations: 105(2008)CLT109
Bench: I.M. Quddusi, S.C. Parija
ORDER
1. Heard Sri Ganeswar Rath, Learned Counsel for the Petitioner, Learned Additional Government advocate for Opp. Parties. 1,2 and 3 and Sri S.B. Jena, Learned Counsel for the Opp.Parties 4 to 6.
2. A sale deed transferring area measuring Ac.0.17 decimals in Hal Khata No. 86, Plot No. 951, Mouza-Sikrida, P.S. Nuagan, District Nayagarh was executed by Opp.Party No. 4 on 29.1.2006 which was registered by the District Sub-Registrar at SI. No.370 of 96 on the same date. In the said sale deed it was mentioned by Opp.Party No. 4 that he had already received the full consideration amount and had already delivered the possession of the land to the original Petitioner, who died during the pendency of the Writ Petition and his legal heirs were substituted in his place. But later on vide a separate deed, the Opp.Party No. 4 cancelled the sale deed through a document registered at SI. No. 398. of 96 dated 1.2.96 and the District Sub-Registrar recorded on his office copy of the sale deed as under:
This document has been cancelled vide document No. 398 of 96 copied in Book No.i, Vol.13, Page 135 to 140 for the 1996. Sd/- S.K.Jena, 1.2.96.
The Petitioner has challenged the above endorsement being without jurisdiction.
3. In the counter affidavit filed by Opp. Party Nos. 1 and 2, it has been specifically conceded in Sub-paragraph B of paragraph 2 as under:
The registering officer does not cancel the instrument. He is empowered to register a deed of cancellation executed 4. and presented to him for registration.
4. Learned Additional Government Advocate has submitted that the District Sub-Registrar has not made any endorsement on the original sale deed but has made endorsement only on the copy of the sale deed maintained in his office. He has, however, not denied that in case of issuance of certified copy, the endorsement shall be given along with the sale deed.
5. Therefore, in view of the above, it was not within the jurisdiction the District Sub-Registrar to make an endorsement regarding cancellation of the sale deed, as in our opinion, once a sale deed was executed transferring of the right, title and interest from the property by the executant, he no more remains capable of dealing with such property after transfer is made.
6. Therefore, if a document for cancellation of the sale deed is executed, the same cannot have any force over the sale deed already executed. There are the District Sub-Registrar should not have made an endorsement on the original sale deed or on its copy, which is maintained in His office. Therefore, we allow this Writ Petition and quash the endorsement made by the District Sub-Registrar on the copy of the sale deed and he is directed to delete the endorsement from the records of the sale deed maintained in his office.
7. We hereby make it clear that we have not considered the execution of the deed of cancellation of sale deed and it is always open for the Petitioner to approach the appropriate forum for getting the cancellation of that document.