HYDERABAD: A division bench of the High Court on Wednesday stayed an order of a single judge who had held that a sub-registrar had the power to cancel a sale deed if the tahsildar concerned recommended it.In September this year, the single judge had dismissed the petitions filed by V Laxmi Prasanna and others seeking suspension of the operation of the registration of the document - “Deed of cancellation of sale deed” presented by the tahsildar cancelling the earlier sale deed.
The judge upheld the action of the joint sub registrar-I of Sanga Reddy district cancelling the deeds registered in 2007 after 10 years i.e. on August 16, 2017. As per Rule 26(i)(k)(i) of the Rules, 1960 in the cases on hand, once power to register unilateral deed of cancellation of an earlier registered sale deed is held valid, the aggrieved parties have to avail the civil law remedies as available to them”, the judge said while dismissing the petitions.
Aggrieved by the order, petitioners filed an appeal before the division bench of acting chief justice Ramesh Ranganathan and justice Abhinand Kumar Shavili. The counsel for appellants contended that the subject lands were in possession of the appellants for several years and cancelling the deeds without prior notice was illegal. In fact, in a similar case another single judge had differed with the order of the single judge, he noted.