AIR 2007 ANDHRA PRADESH 57 ::2007 (2) AIR Kar R 382 ::2007 A I H C 1471 ::(2007) 1 CivilCourtC 527 ::2006 (6) AndhLT 523 ::(2007) 1 CTC 97 (AP) ::(2006) 6 AndhLD 623 ::2007 (1) CTC 97

Andhra Pradesh High Court

Hon'ble Judge(s): Bilal Nazki, V. V. S. Rao, G. Chandraiah , JJJ

(A) Registration Act (16 of 1908) , S.17(1)(b)— Specific Relief Act (47 of 1963) , S.31, S.34— Transfer of Property Act (4 of 1882) , S.53, S.126— Cancellation of registered Sale Deed - Inherent power of registering authority - Fraudulent transfer of property - Sale takes place by reason of fraud played by transferor and transferee - Is void - True owner can nullify sale by executing and registering a cancellation deed without seeking declaration or cancellation of fraudulent transfer deed from Court - Registering authority is empowered to cancel sale deed earlier registered - Registration of document cannot be understood to be an absolute sale divesting vender of its title else it would render Ss. 31, 34 of Specific Relief Act, otiose. General Clauses Act (10 of 1897) , S.21— Per Court (V. V. S. Rao, J., G. Chandraiah, J.). If a person sells away the property belonging to other, it would certainly be fraud on the statute. It would be adding insult to injury, if such person is asked to go to civil Court and get the subsequent sale deed cancelled or seek a declaration. Be it also noted that under common law the title of a person remains intact even if a stranger conveys that title to another stranger, which is ineffective. The person, who has ex facie right whether such right is registered or not can always approach the registering authority, w....