Registrar Can't Accept Deed Of Cancellation Which Seeks To Nullify A Deed Of Conveyance Which Has Already Been Acted Upon: Madras High Court (FB)

While answering a reference, the Madras High Court Bench of Justice SS Sundar, Justice GR Swaminathan and Justice R Vijayakumar observed that the Registrar does not have the power to accept the deed of cancellation to nullify a deed of conveyance made earlier, when the deed of conveyance has already been acted upon.The court was answering a reference made by Justice S Vaidyanathan with. While answering a reference, the Madras High Court Bench of Justice SS Sundar, Justice GR Swaminathan and Justice R Vijayakumar observed that the Registrar does not have the power to accept the deed of cancellation to nullify a deed of conveyance made earlier, when the deed of conveyance has already been acted upon. Thus, in view of the conflicting judgments, the matter was referred to a larger bench to decide whether the Registrar has the power to accept the deed of cancellation to nullify the deed of conveyance made earlier, when the deed of conveyance has already been acted upon by the transferee. The court followed the dictum laid down in the case of Thota Ganga Laxmi and ors v. Government of Andhra Pradesh and the decision of the full bench of Madras High Court in Latif Estate Line India ltd v. Hadeeja Ammal and which has been followed in the recent decisions of the Supreme Court.