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1 - 10 of 65 (0.28 seconds)Section 69 in The Registration Act, 1908 [Entire Act]
Article 136 in Constitution of India [Constitution]
Article 226 in Constitution of India [Constitution]
Section 31 in The Specific Relief Act, 1963 [Entire Act]
Section 62 in The Indian Contract Act, 1872 [Entire Act]
E.R.Kalaivan vs The Inspector General Of Registration on 9 July, 2009
Provided that the registering officer shall dispense with the execution of
cancellation deeds by executant and claimant parties to the previously
registered deeds of conveyances on sale before him if the cancellation deed
is executed by a Civil Judge or a government officer competent to execute
government orders declaring the properties contained in the previously
registered conveyance on sale to be government or assigned or endowment
lands or properties not registerable by any provision of law.”
A reading of the above Rule also supports the observations we have made
above. It is only when a sale deed is cancelled by a competent court that
the cancellation deed can be registered and that too after notice to the
parties concerned. In this case, neither is there any declaration by a
competent court nor was there any notice to the parties. Hence, this Rule
also makes it clear that both the cancellation deed as well as registration
thereof were wholly void and non est and meaningless transactions.”
Further reliance has been placed upon the decision of the Madras High Court
in the case of E.R. Kalaivan v. The Inspector General of Registration
Chennai & Anr. (supra) wherein the powers of the Registrar with regard to
the cancellation of the document have been elaborately discussed. The
relevant paras of the case read thus: