AMUDHAVALI & ORS. versus P. RUKUMANI & ORS.

Citation: [2021] 12 S.C.R. 596 · Decided: 07-12-2021 · Supreme Court of India · Bench: R. SUBHASH REDDY · Disposal: Disposed off

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Judgment (excerpt)

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SUPREME COURT REPORTS
[2021] 12 S.C.R.
   [2021] 12 S.C.R. 596
596
AMUDHAVALI & ORS.
v.
P. RUKUMANI & ORS.
(Civil Appeal No. 7464 of 2021)
DECEMBER 07, 2021
[R. SUBHASH REDDY AND HRISHIKESH ROY, JJ.]
Deeds and Documents: Sale Deed – Cancellation Deed –
Registration – Respondent nos.1 to 4 who were original owners of
the land executed a registered power of attorney in favour of
respondent no.7 – Claim of appellants was that they purchased the
land admeasuring Acs.3.46 cents from respondent Nos.1 to 4, by
way of registered sale deed dated 09.03.2005, executed by their
Power of Attorney, i.e. respondent no.7 – Subsequently, respondent
nos.1 to 4 prepared cancellation deed on 09.03.2005 and got it
registered on 20.09.2007 – After registration of such deed,
respondent nos.1 to 4 also filed a civil suit to declare sale deed
dated 09.03.2005 executed in favour of the appellants, as illegal,
void and non est – Subsequent to registration of cancellation deed,
an extent of 0.25 cents of land was transferred by registered sale
deed dated 27.02.2009, in favour of respondent no.8 – Questioning
the cancellation deed and alleging interference with possession,
the appellants filed writ petition before the High Court – Single
Judge of High Court allowed the writ petition mainly on the ground
that once the sale deed is executed, the land stood transferred to
the appellants and unless there is a consent of the appellants, no
cancellation deed could be registered – Division Bench of High
Court allowed the appeal by Respondent nos.1 to 5 holding that
civil suit filed by respondent nos.1 to 4 in O.S. No.142 of 2008 for
declaration and cancellation of sale deed dated 09.03.2005 is
already pending consideration and rights of the parties will be
adjudicated in the pending suit – Hence instant appeal – Held: It is
a settled legal position that registration of document is always
subject to adjudication of rights of the parties by the competent
civil court – Had the appellants not entered their appearance by
filing the written statement, it would have been a different situation
– Further, subsequent to registration of cancellation deed, a portion
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of land was transferred to respondent no.8 to an extent of 0.25
cents – In view of the fact that the suit in O.S. No.142 of 2008 is
pending on the same subject, interference with the impugned order
and examination of the validity of cancellation deed not called for
– Rights of the parties with regard to the land in question shall be
governed by the judgment in pending suit in O.S. No.142 of 2008 –
The civil suit to be decided on its own merits and the parties are
directed to maintain status quo.
Disposing of the appeal, the Court
HELD: 1. In the case on hand it is not in dispute, that after
registering the cancellation deed, respondent nos.1 to 4 have
filed a civil suit which is pending in O.S.No.142 of 2008, seeking
declaration that sale deed dated 09.03.2005 executed in favour
of the appellants is null and void. In the said suit the appellants
have already filed written statement. The learned Single Judge
of the High Court also observed that the subsequent cancellation
deed is always subject to adjudication of rights of the parties by
the competent civil court. As much as the appellants have already
filed a written statement in the civil suit in O.S. No.142 of 2008,
and contesting the same, this Court is not inclined to examine
the validity and effect of such cancellation deed, at this stage, by
interfering with the impugned order of the High Court.
[Para 14][601-E-G]
2. It is settled legal position that registration of document
is always subject to adjudication of rights of the parties by the
competent civil court. Had the appellants not entered their
appearance by filing the written statement, it would have been a
different situation – Further, subsequent to registration of
cancellation deed, a portion of land is transferred to respondent
no.8, to an extent of 0.25 cents. [Para 15][601-G-H; 602-A]
3. Having regard to the fact that the suit in O.S. No.142 of
2008 on the file of IIIrd Additional Subordinate Court, Coimbatore
is pending on the same subject, this Court is not inclined to
interfere with the impugned order and examine the validity of
cancellation deed. The rights of the parties will be subject to
adjudication in Civil Suit in O.S. No.142 of 2008. [Para 16]
[602-B]
AMUDHAVALI & ORS. v. P. RUKUMANI & ORS.
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