It is not specifically denied on behalf of the complainant that the sale deed in favour of the husband of the complainant was cancelled on the ground that her husband failed to construct any house in the site as required under the relevant provisions of the scheme. However, when once the property was sold to the husband of the complainant conveying absolute rights therein, the society got no right to cancel it by way of executing a separate registered cancellation deed. Therefore, the registered deed of cancellation got no authenticity or validity and hence it is deemed that the family of the deceased continued to have absolute rights over the property and accordingly the family is at liberty to enjoy it. Importantly, it is the society which executed the registered sale deed in favour of the husband of the complainant. It is not the specific case of the complainant that A2 to A4 got any personal gain by canceling the registered sale deed. The circumstances of the case prima facie provides that genuinely believing that the society got authority to cancel the document subject to the clause relating to the construction of house at the site, the registered cancellation deed was executed in good faith. Hence, I do not find any criminal liability to prosecute A1 to A5 in the case. If any remedy is available to the complainant in the matter, it is only by way of approaching the Civil Court concerned. Consequently, I am of the opinion that further continuation of proceedings would be nothing but unnecessary harassment of A1 to A5.
