- (1.) Heard Learned Counsel for the appearing parties. This appeal has been filed against the impugned order of the Andhra Pradesh High Court dated 8th November, 2006 passed in Writ Petition No. 8518 of 2006, whereby the High Court has dismissed the writ petition relying upon a Full Bench judgment of the same High Court in the case of Yanala Malleshwari and Ors. v. Ananthula Sayamma and Ors., 2006 6 ALD 623. It appears that the father of the Appellants purchased the plot in question from Respondent No. 4 by a registered sale deed dated 21st June, 1983 and since then the Appellants have been in possession and enjoyment of the said property. Subsequently, it appears that the fourth Respondent purported to get the said sale deed cancelled unilaterally, executing the cancellation deed dated 4.8.2005 and the same was registered by the third Respondent without any notice to the Appellants.
(2.) A writ petition was filed seeking declaration that the cancellation deed is illegal and that has been disposed of by the impugned judgment holding that the Appellants should approach the civil Court.
(3.) In our opinion, there was no need for the Appellants to approach the civil Court as the said cancellation deed dated 4.8.2005 as well as registration of the same was wholly void and non est and can be ignored altogether. For illustration, if 'A' transfers a piece of land to 'B' by a registered sale deed, then, if it is not disputed that 'A' had -the title to the land, that title passes to 'B' on the registration of the sale deed (retrospectively from the date of the execution of the same) and 'B' then becomes the owner of the land. If 'A' wants to subsequently get the sale deed cancelled, he has to file a civil suit for cancellation or else he can request 'B' to sell the land back to 'A' but by no stretch of imagination, can a cancellation deed be executed or registered. This is unheard of in law.;