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2014 (3) TMI 1206 - ALLAHABAD HIGH COURTCancellation of sale deed - Government order has been introduced on 13th August, 2013 an sale deed in question is prior to it - whether the sale deed can be cancelled by taking reference of the Government order dated 13.8.2013 - HELD THAT:- The question of retrospectivity and prospectivity does not arise in such cases if it has been obtained by fraud as fraud unravels everything. In the present case, rightful order has been passed by the Registering Authority in the facts of the case, after enquiry. Petitioner's much insistence is on the fact that he is bona fide purchaser for value of the property and accordingly his interest be protected. This Court is not at all going on the issue, as to whether he is bona fide purchaser for value or not, the crucial issue is that the incumbents from whom he has purchased the property, they had no right to sell the property i.e. they had no legal authority to execute sale deed. Such transactions by imposters cannot be approved of. Once incumbents who have proceeded to execute the sale deed have no authority to execute sale deed then rightful order has been passed and accordingly in the facts of the case, there is no occasion for this Court to take a different or contrary view as any interference would subscribe void transactions - writ petition is dismissed.
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