Final Order 3

Order Details: COPY OF ORDER
Pdf Text: CS DJ No.429/2023
Jaswant Gupta & Anr. Vs. JEEWAN Thread Manufacturers
Pvt. Ltd. & Anr.
14.09.2023
Present : Sh. Dheeraj Pandey, Ld. Counsel for the plaintiffs.
Sh. Kamaljeet Kaur, director of defendantt no.1 has
joined the proceedings through V/C.
Sh. Amit Mathur, Ld. Counsel for the defendant
no.1.
Ld. Proxy Counsel for defendant no.2.
It is jointly submitted by the Ld. Counsels that the
matter got settled with the defendants on 05.08.2022 out of court
as per which registered Agreement to Sell and registered GPA
both dt. 08.10.2003 has been mutually cancelled and prays for
the passing of the consent decree.
Statements of the Ld. Counsel for the plaintiffs and
defendant are recorded separately to this effect.
It appears that through the Agreement to Sell and
GPA right in property cannot pass and therefore irrespective of
whether the documents were registered or not, the parties can
subsequently change their mind and revoke the earlier
documents. It seems that the same has been done by the parties
but the Sub-Registrar unnecessarily refused to register the
cancellation documents. This act on the part of Sub-Registrar was
not justified.
Though the prayer clause shows that cancellation of
earlier documents has also been prayed, I am of the view that the
same is not necessary since the basis thereof is a voluntary act of
the parties. The second prayer is however required to be allowed.
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It is directed that if the parties approaches the Sub-Registrar for
registration of cancellation of documents in respect of earlier
Agreement to Sell and GPA both dt. 08.10.2003, the sub-
Registrar shall register the same.
In view of the submissions and the statement made
by the counsels, the suit is decreed to the aforesaid actions.
Decree-sheet be prepared accordingly.
Court fees be refunded to the plaintiff as per Section
16 Court Fees Act.
File be consigned to record room after due
compliance.
(Rakesh Kumar Singh)
ADJ-02/(N-W), Rohini Courts,
Delhi/14.09.2023
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