THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.7673 OF 2011 ORDER: Questioning the proceedings of the third respondent, in registering the cancellation deed dated 11.03.2011, as illegal and without jurisdiction, and seeking a consequential direction to respondent Nos.6 and 7 not to interfere with the petitioner’s possession in respect of house bearing D.No.2-2-24 in Plot No.4 in Survey No.26 of Manikonda Jagir Village, Rajendranagar Mandal, Ranga Reddy District, the present Writ Petition is filed. The petitioner is the daughter of the eighth respondent who executed a registered sale deed dated 02.12.2009 in favour of the petitioner with respect to the house aforementioned. Pursuant thereto, the petitioner claims that her name was mutated in the Gram Panchayat records; electricity service connection was transferred in her name; she had given the property on lease to third parties, and had entered into a lease agreement with them. The eighth respondent unilaterally cancelled the gift deed on 11.03.2011. Contending that such unilateral cancellation is illegal, and the only recourse for the eighth respondent is to file a civil Suit before the civil Court of competent jurisdiction, the present Writ Petition is filed. A counter affidavit is filed on behalf of the eighth respondent. Sri A. Samir Kumar Reddy, Learned Counsel for the eighth respondent, would contend that Rule 26 (i)(k)(i) of the Registration Rules merely prohibits registration of cancellation of a sale deed, and not registration with respect to the cancellation of a gift deed since no consideration is involved in such transactions; and the transfer of property thereunder is only out of love and affection. The said contention, urged on behalf of the eighth respondent, does not merit acceptance as both in the case of “sale” and a “gift” there is transfer of immoveable property which, under the Indian Registration Act, require registration. Further the Supreme Court, in Thota Ganga Laxmi v. Govt. of Andhra Pradesh (Judgment in C.A.No.317 of 2007 dated 13.07.2010), held that it is only when a sale deed is cancelled by a competent Court that the cancellation deed can be registered, and that too after notice to the concerned parties; and, in the absence of any declaration by a competent Court, such registration is wholly void and non est. In the light of the aforesaid Judgment of the Supreme Court, unilateral cancellation of a gift deed and registration of such a deed of cancellation are illegal. Sri A. Samir Kumar Reddy, Learned Counsel for the eighth respondent, would submit that O.S.No.597 of 2011 has already been filed by the eighth respondent before the IX Additional District Judge, Ranga Reddy, for declaration of title, cancellation of the gift deed, and for permanent injunction. Since the eighth respondent has already filed a civil Suit, it is open to her to pursue the said remedy. The civil Court shall adjudicate the said Suit on its merits without being influenced by any observations made in this order. As the impugned proceedings of the third respondent, in registering the cancellation deed dated 11.03.2011 vide document No.1875 of 2011, is illegal and without jurisdiction, the said proceedings are set aside. The Writ Petition is allowed. However, in the circumstances, without costs. _____________________________ RAMESH RANGANATHAN, J October 19, 2011 MD THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.7673 OF 2011 October 19, 2011 MD