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3. Being aggrieved by the aforesaid orders, the appellant preferred W.P. No. 13505 of 2008 before the High Court. The prayer in the writ petition was for declaring the Extinguishment Deed as well as the subsequent sale deeds as void ab initio with a further direction to the respondents to record the cancellation of such documents. It was contended before the High Court that the Extinguishment Deed was registered contrary to the provisions contained in Section 17(1)(b) of the Act by the Sub-Registrar and, therefore, it was obligatory on the part of the higher authorities in exercise of powers under Section 69 of the Act to declare the said action as ab initio void and consequently the subsequent sale deeds to be void.

Thereafter, the learned Judge referred to various provisions of the Transfer of Property Act, 1885 and also of the Act and concluded as follows:-

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".......when a person who claims to be the owner or a person interested in an immovable property, finds that someone else has executed and registered a sale deed or other deed in regard to his property, claiming to be the owner or a person interested in the property, the appropriate course for him is to file a suit for declaration and consequential reliefs. If he is satisfied such sale deed is executed by a person without any title and that the deed is void ab initio, he may even choose to ignore the same and leave it to the person claiming title under such deed to establish his title in appropriate proceedings. A Court of Law has the jurisdiction to declare a document to be void or even cancel a document. But under no circumstances, a person claiming to be the owner of a property or a holder of a property, can require the Registering Authority to cancel the registration of a document."

21. For the above stated reasons, it is clear that the appellant has got a valid constitutional right over the said plot of land as guaranteed under Article 300A of the Constitution of India, wherein it has been stated that the deprivation of property without the authority of law is totally impermissible in law. Merely because the cancellation of the void extinguishment deed with regard to the said plot of land and the subsequent sale deed executed in favour of the respondent No.5 has not been sought for by the appellant by approaching the civil court, it does not disentitle him for seeking the relief with regard to the said plot of land for the reason that the cancellation of the sale deed dated 30.03.1962 after a lapse of 39 years has been done without the authority of law by the Society. The subsequent actions of re-registering the sale deed in favour of the respondent No.5 and thereafter in favour of respondents Nos.6 and 7 are void ab initio in law. Thus, this Court has the power to closely examine the same in these proceedings having regard to the peculiar facts and circumstances of the present case.

However, we do not propose to say anything at this stage."

25. In so far as the document of compromise deed dated 06.07.2004 is concerned, the sum of Rs.6,50,000/- allegedly voluntarily received by the appellant from the respondent No.5 to put an end to the dispute over the said property is also a void transaction, as the same has been done during the pendency of the proceedings before the Sub-Registrar in relation to the dispute. The said compromise deed is void ab initio in law and the same cannot be put against the appellant so as to deny him the relief sought by him in the present appeal. Apart from the said reason, the notice dated 12.07.2007 served upon the appellant by the lawyer of respondent No.5 has rescinded the agreement dated 06.07.2004 and she has claimed the refund of 6,50,000/-, to be returned with interest to her, failing which she will file a suit for claim for payment of Rs.6,50,000/- with interest. The said notice is produced at Annexure ‘P-6’ in the proceedings. The relevant clause 4 of the said notice is extracted hereunder which reads thus:-