IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE TWENTY FIRST (21ST) DAY OF FEBRUARY, TWO THOUSAND AND ELEVEN Present: THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP No.2384 of 2010 Between: Mohd. Farooq Mohiuddin … Petitioner And: Smt. Nasreen Susltana & others … Respondents THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRP No.2384 of 2010 ORDER: This revision petition is directed against the order dated 25.03.2010 in IA No.22 of 2010 in OS No.4261 of 1999 on the file of the III Additional Rent Controller, Hyderabad, wherein the said application filed by the petitioner under section 151 CPC to decide and adjudicate the document dated 25.05.1992 as inadmissible in evidence, was dismissed. 2. Heard both sides. Perused the record. 3. The petitioner herein filed suit for partition and specific performance of an agreement of sale. The respondents filed written statement, contesting the suit. During the course of trial, when the first defendant was being examined, she sought to exhibit a document dated 25.05.1992. The petitioner filed IA No.22 of 2010 to decide and adjudicate that the said document is inadmissible in evidence for want of registration. The document dated 25.05.1992 is purported to be endorsement of cancellation of the agreement of sale. The trial Court has directed the first defendant to pay necessary stamp duty and penalty on the said document. The plaintiff objected for making of the said document for want of registration. The disputed document, according to the first defendant, was executed by the plaintiff in favour of first defendant, where under, the plaintiff received Rs.50,000/- from the first defendant and cancelled the agreement of sale entered earlier on 26.05.1990. The said declaration of cancellation was endorsed on the stamp paper worth Rs.5/- only and therefore, the Court directed to pay the deficit Court fee and penalty. The plaintiff objects for marking the said document on the ground that the said document contains declaration that the first defendant is the absolute owner and she has power to sell the property to anybody. The plaintiff would, therefore, contend that the said document is liable for registration, because, it declares the title of the first defendant. 4. It is to be noted that even otherwise, the first defendant was the owner of the property and the plaintiff entered into an agreement of sale with her on 26.05.1990 and subsequently cancelled the agreement under the disputed document dated 25.05.1992 and received back the amount of Rs.50,000/- paid by him to the first defendant. It is not as though the plaintiff is conveying any title over the property in favour of first defendant under the document dated 25.05.1992. In view of the cancellation of the agreement by receiving advance amount of Rs.50,000/- back from first defendant, it is recited in the document dated 25.05.1992 that the first defendant is the absolute owner and she can sell the property to any one else. The said document does not confer or convey any title over the property on the first defendant. The first defendant is having pre-existing rights in the property. The document dated 25.05.1992 is only to the effect of cancelling the agreement of sale dated 26.05.1990 between the plaintiff and first defendant. When one agreement of sale stands cancelled, the pre-existing title of the first defendant remains intact. The first defendant does not derive any title under or by virtue of the said document dated 25.05.1992. 5. In the circumstances, the document dated 25.05.1992 does not create, declare, assign or extinguish any title as such and the said document does not require registration under Section 17 of the Registration Act. The impugned order dismissing the application filed by the petitioner for declaration that the document is inadmissible in evidence, does not call for any interference by this Court. 6. In the result, the civil revision petition is dismissed. The interim stay granted earlier stands vacated. No order as to costs. __________________ G.V.SEETHAPATHY, J Date: 21.02.2011 bss