9911796707
TMI Blog2013 (11) TMI 1802X X X X Extracts X X X X X X X X Extracts X X X X ..... n Vihar, Delhi Road, Tehsil and District Moradabad and has purchased a property situated at Majholi, Milan Vihar, City & District Muradabad and claims that the said sale deed in question has been executed in his favour after sale consideration of Rs. Seven lacs (Rs. 7 lacs) has been paid. After the said sale deed in question has been executed, a complaint was made on 26th August, 2013 by respondent no.6 & 7, alleging therein that the said property in question belongs to them, on the strength of gift deed dated 5.10.2005 executed by Shri Kunwar Bahadur Bhatnagar and the said gift deed has been duly registered. After Kunwar Bahadur Bhatnagar has expired in the month of October, 2006, the aforementioned incumbents became the absolute owner of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , who has got no authority in law to execute the sale deed in question and once the said transaction in question was based on fraud and manipulation then rightful order has been passed. After respective arguments have been advanced, the factual situation which is so emerging in the present case that parties to the dispute agree to this fact that property in question was owned by Shri Kunwar Bahadur Bhatnagar s/o Shri Chandi Prasad Bhatnagar and the said Kunwar Bahadur Bhatnagar proceeded to execute the gift deed in favour of Chandra Mohan Shamseri and Surya Mohan Shamseri son of Shri Arjun Kumar Shamseri in respect of the said plot No.238 area 140 square meters situated at Majholi, District Moradabad by way of gift deed dated 05.10.2005, w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not at all otherwise authorised in law to execute the sale deed and the true owners made a complaint that they have got no authority to execute the sale deed in question, and in enquiry it has been found that the incumbent, who has executed the sale deed is an imposter and has got no authority to execute the sale deed, then in this background same has been cancelled. Once in enquiry, fraud has been duly substantiated, then the said decision in question cannot be said to be faulty in the facts of the case as admittedly in the presence of registered gift deed in question, the executor of sale deed had no legal authority to execute sale deed. Petitioner has tried to contend before this Court that the Government order has been introduced on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accepted as fraud having being played upon the Registering Authority and in the present case rightful orders have been passed by the Registering Authority in the facts of the case, after enquiry has been made, and after providing opportunity of hearing has been provided for. 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 can not be appr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion Rules permits the registration of cancellation deed in the same class of register book as that in which original document which it cancels has been registered. It is clearly not possible to accept the submission that registering officer has no power to accept and register a cancellation deed cancelling the earlier sale deed. Such an interpretation would not sub-serve public interest and if the registering officer is not given such power, it would further harm public interest and public policy. Nobody can deny that in a civilized society regulated by rule of law, the person with valid title must have the liberty to enjoy his property and such liberty cannot be deprived of without proper procedure under law. 76. In the considered opin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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