2014 (3) TMI 1206

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.... has directed to proceed in accordance with Government Order darted 13.8.2013. Counsel for the petitioner submits that petitioner is the bona fide purchaser of the land in question and in such a situation, by taking reference of the Government order dated 13.8.2013, the sale deed in question could not be cancelled, as has been done in the present case and the cancellation order in question is per se bad. He submits that the Government order has been introduced on 13th August, 2013 and the sale deed in question is prior to it and accordingly, the said transaction is not at all covered under the aforesaid Government Order. Learned Standing Counsel submits that Government Order dated 13.8.2013 has not at all laid down something new, rath....

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.... 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. The Full Bench of Andra Pradesh High Court in the case of Yanalla Malleswari v. Ananthalu Sayamma, AIR 2007 (AP) 57, has observed as under : "75. It is therefore axiomatic that in India, the judicial, quasi judicial and administrative authorities have inherent powers to recall their orders or proceedings at a latter point of time if it is shown that such order was obtained by playing fraud and misrepresentation. The question of applic....

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....eclaration. Be it also noted that under common law, as discussed supra, the title of a person remains intact even if a stranger conveys that title to another stranger, which is ineffective.......... 77. The person, who has ex facie right whether such right is registered or not can always approach the registering authority, with a request to cancel a sale deed, which was registered earlier by such registering authority by showing that subsequent registration was obtained by fraud by a person who is not entitled to transfer the property or that such transfer was registered by playing fraud on the owner or on the stranger. In the present statutory dispensation, namely Transfer of Property Act, Contract Act, Specific Relief Act and Reg....