Constitution of India, 1950
Article 162—Extent of executive power of State—Cancellation of registered sale deed—Registrar has no power to cancel registered sale deed and the State Government cannot by an executive order, confer such a power on the Registrar—Impugned circular vesting power of cancellation on the Registrar is not sustainable in law and is accordingly set aside.
[Paras 36 & 37]
Specific Relief Act, 1963
Section 31—When cancellation may be ordered—An executant can seek cancellation of a registered instrument on the ground of fraud, by a suit filed under Section 31 of the Specific Relief Act—In case, where a stranger without any title has executed a sale, such a suit will not lie under Section 31 of the Act—Real owner may file a suit under Section 34, if his peaceful enjoyment of ownership right is impinged due to the said sale—Unless there is a declaration by a civil court that a deed is vitiated by fraud, a registered deed cannot be cancelled by the Registrar.
[Paras 34 & 35]