24.The Hon’ble Full Bench of this Court very categorically held that where a transfer is effected by way of sale with the condition that title will pass on payment of consideration, and such intention is clear from the recital in the deed, then such instrument or sale can be cancelled by a deed of cancellation with the consent of both the parties on the ground of non-payment of consideration. The reason is that in such a sale deed, admittedly, the title remained with the transferor. But in the case in hand it is the case of the 2nd respondent that the sale consideration was not fully completed, therefore he cancelled the sale deed already executed in favour of the writ petitioner, but the Hon’ble Full Bench very clearly held that with the consent of both the parties only the sale should be cancelled on the ground of non-payment of consideration. Since the Hon’ble Division Bench very clearly held that in other cases, a complete and absolute sale can be cancelled at the instance of the transferor only by taking recourse to the Civil Court by obtaining a decree of cancellation of sale deed on the ground inter alia of fraud or any other valid reasons. but, no other conditions imposed by the Hon’ble Full Bench of this Court applied to the 2nd respondent. But, he simply cancelled the sale deed by way of registering the deed of cancellation unilaterally before the 1st respondent. The 1st respondent, who is the Sub-Registrar of Thamaraipatti, Madurai had simply registered the unilateral cancellation of sale deed, which is absolutely wrong and there was no act provides to the 1st respondent.
