TMI Blog2014 (3) TMI 1206X X X X Extracts X X X X X X X X Extracts X X X X ..... y and accordingly his interest be protected. This Court is not at all going on the issue, as to whether he is bona fide purchaser for value or not, the crucial issue is that the incumbents from whom he has purchased the property, they had no right to sell the property i.e. they had no legal authority to execute sale deed. Such transactions by imposters cannot be approved of. Once incumbents who have proceeded to execute the sale deed have no authority to execute sale deed then rightful order has been passed and accordingly in the facts of the case, there is no occasion for this Court to take a different or contrary view as any interference would subscribe void transactions - writ petition is dismissed. - Misc. Bench No. 2562 of 2014 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raud and misrepresentation, as fraud vitiates even the most solemn proceedings. Further, this Court approves of the Government Order dated 13.8.2013, wherein, in order to remedy the situation, wherein fraud has been committed, after making any enquiry remedial measures are required to be taken, so that no one can have the fruits of fraud for a longer period. Government Order thus reiterates the situation that on fraud being there, on receiving complaint, situation can be remedied. Therefore, the opposite party No.2, after recording a specific finding of fact that the sale deed in question has been obtained by playing fraud, has directed to proceed in accordance with Government Order dated 13.8.2013. Having heard Counsel for the parties a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adumbrated in Section 21 of General Clauses Act, 1897 (Central Act No. X of 1897). Under the said provision, an authority who has power to issue, inter alia orders has also power to rescind such order. Further, the Rule 117 of Registration Rules permits the registration of cancellation deed in the same class of register book as that in which original document which it cancels has been registered. It is clearly not possible to accept the submission that registering officer has no power to accept and register a cancellation deed cancelling the earlier sale deed. Such an interpretation would not sub-serve public interest and if the registering officer is not given such power, it would further harm public interest and public policy. Nobody can ..... X X X X Extracts X X X X X X X X Extracts X X X X
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