K. Ram Reddy Vs. Station Commandant and Executive Officer, Cantonment and ors.

- specific relief act, 1963 [c.a. no. 47/1963]. sections 31 & 34: [bilal nazki, v.v.s. rao & g. chandraiah, jj] [per court] cancellation of registered sale deed inherent power of registering authority - fraudulent transfer of property sale taking place by reason of fraud played by transferor and transferee held, it is void. true owner can nullify the sale by executing and registering a cancellation deed without seeking declaration or cancellation of fraudulent transfer deed from court. registering authority is empowered to cancel sale deed earlier registered. registration of document cannot be understood to be an absolute sale divesting vender of its title else it would render sections 31 and 34 of specific relief act, otiose. -- transfer of property act,1882[c.a. no. 4/1882]. sections 53 & 126: [per court] cancellation of registered sale deed inherent power of registering authority - fraudulent transfer of property sale taking place by reason of fraud played by transferor and transferee held, it is void. true owner can nullify the sale by executing and registering a cancellation deed without seeking declaration or cancellation of fraudulent transfer deed from court. registering authority is empowered to cancel sale deed earlier registered. registration of document cannot be understood to be an absolute sale divesting vender of its title else it would render sections 31 and 34 of specific relief act, otiose. bilal nazki, a.c.j.1. a show cause notice has been issued to the writ petitioner-appellant in terms of public premises (eviction of unauthorized occupants) act, 1971. he challenged the said notice in the writ petition, which has been dismissed. hence, this appeal.2. we feel that the impugned notice is only a show cause notice, and all defences, which are available to the appellant, can be taken before the estate officer. even if the appellant is not able to satisfy the estate officer, an appeal is available against the order of eviction passed by the estate officer.3. in these circumstances, we do not think it is necessary for us to intervene in the matter at this stage. the learned counsel for the appellant submits that the time to give a reply to show cause notice ends to day. therefore, in the circumstances of the case, we grant two weeks time to the appellant to file a reply to the show cause notice. for a period of two weeks from today, appellant may not be evicted.4. writ appeal is, accordingly, disposed of. no costs.