Deeds and Documents: Sale Deed – Cancellation Deed – Registration – Respondent nos.1 to 4 who were original owners of the land executed a registered power of attorney in favour of respondent no.7 – Claim of appellants was that they purchased the land admeasuring Acs.3.46 cents from respondent Nos.1 to 4, by way of registered sale deed dated 09.03.2005, executed by their Power of Attorney, i.e. respondent no.7 – Subsequently, respondent nos.1 to 4 prepared cancellation deed on 09.03.2005 and got it registered on 20.09.2007 – After registration of such deed, respondent nos.1 to 4 also filed a civil suit to declare sale deed dated 09.03.2005 executed in favour of the appellants, as illegal, void and non est – Subsequent to registration of cancellation deed, an extent of 0.25 cents of land was transferred by registered sale deed dated 27.02.2009, in favour of respondent no.8 – Questioning the cancellation deed and alleging interference with possession, the appellants filed writ petition before the High Court – Single Judge of High Court allowed the writ petition mainly on the ground that once the sale deed is executed, the land stood transferred to the appellants and unless there is a consent of the appellants, no cancellation deed could be registered – Division Bench of High Court allowed the appeal by Respondent nos.1 to 5 holding that civil suit filed by respondent nos.1 to 4 in O.S. No.142 of 2008 for declaration and cancellation of sale deed dated 09.03.2005 is already pending consideration and rights of the parties will be adjudicated in the pending suit – Hence instant appeal – Held: It is a settled legal position that registration of document is always subject to adjudication of rights of the parties by the competent civil court – Had the appellants not entered their appearance by filing the written statement, it would have been a different situation – Further, subsequent to registration of cancellation deed, a portion of land was transferred to respondent no.8 to an extent of 0.25 cents – In view of the fact that the suit in O.S. No.142 of 2008 is pending on the same subject, interference with the impugned order and examination of the validity of cancellation deed not called for – Rights of the parties with regard to the land in question shall be governed by the judgment in pending suit in O.S. No.142 of 2008 – The civil suit to be decided on its own merits and the parties are directed to maintain status quo.
Disposing of the appeal, the Court
HELD: 1. In the case on hand it is not in dispute, that after registering the cancellation deed, respondent nos.1 to 4 have filed a civil suit which is pending in O.S.No.142 of 2008, seeking declaration that sale deed dated 09.03.2005 executed in favour of the appellants is null and void. In the said suit the appellants have already filed written statement. The learned Single Judge of the High Court also observed that the subsequent cancellation deed is always subject to adjudication of rights of the parties by the competent civil court. As much as the appellants have already filed a written statement in the civil suit in O.S. No.142 of 2008, and contesting the same, this Court is not inclined to examine the validity and effect of such cancellation deed, at this stage, by interfering with the impugned order of the High Court. [Para 14][601-E-G]
2. It is settled legal position that registration of document is always subject to adjudication of rights of the parties by the competent civil court. Had the appellants not entered their appearance by filing the written statement, it would have been a different situation – Further, subsequent to registration of cancellation deed, a portion of land is transferred to respondent no.8, to an extent of 0.25 cents. [Para 15][601-G-H; 602-A]
3. Having regard to the fact that the suit in O.S. No.142 of 2008 on the file of IIIrd Additional Subordinate Court, Coimbatore is pending on the same subject, this Court is not inclined to interfere with the impugned order and examine the validity of cancellation deed. The rights of the parties will be subject to adjudication in Civil Suit in O.S. No.142 of 2008. [Para 16] [602-B]
Satya Pal Anand v. State of Madhya Pradesh (2016)
10 SCC 767 : [2016] 12 SCR 26; Thota Ganga Laxmi & Anr. v. Government of Andhra Pradesh & Ors. (2010)
15 SCC 207 – referred to.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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