Madras High Court
N.Elizapeth Rani vs The District Registrar on 13 July, 2023
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
1 W.P.(MD)NO.17158 OF 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.17158 of 2015 AND
M.P.(MD)Nos.1 to 3 of 2015
N.Elizapeth Rani ... Petitioner
Vs.
1. The District Registrar,
O/o.District Registrar,
Near New Bus Stand,
Thoothukudi.
2. The Sub-Registrar,
Keelur Sub-Registrar Office,
Thoothukudi.
3. F.Pushpammal ... Respondents
Prayer: Writ petition is filed under Article 226 of the
Constitution of India, to issue a Writ of Certiorari, to call for
the records on the file of the 2nd respondent in connection with
the impugned cancellation of settlement Deed registered in
Document No.2386/15 dated 22.7.2015 executed unilaterally
by the 3rd respondent and quash the same as illegal and
ultravires.
https://www.mhc.tn.gov.in/judis
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2 W.P.(MD)NO.17158 OF 2015
For Petitioner : Mr.G.Thalaimutharasu
For R-1 & R-2 : Mr.SR.A.Ramachandran,
Additional Government Pleader.
For R-3 : No appearance.
***
ORDER
Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for respondents 1 and 2.
2. None appears for the third respondent.
3. The third respondent is none other than the mother of the writ petitioner. She executed a settlement deed dated 07.03.2011 in favour of the petitioner. Subsequently, she cancelled the same on 22.07.2015. Challenging the same, the present writ petition has been filed.
4. It is too well settled that the document cannot be unilaterally cancelled. The learned counsel appearing for the petitioner draws my attention to the decision of the Hon'ble https://www.mhc.tn.gov.in/judis 2/8 3 W.P.(MD)NO.17158 OF 2015 Full Bench reported in AIR 2011 Mad 66 (Latif Estate Line India Ltd. and Ors. Vs. Hadeeja Ammal and Ors). The Hon'ble Full Bench has held as follows:-
“ 59. After giving our anxious consideration on the questions raised in the instant case, we come to the following conclusion:
(i) A deed of cancellation of a sale unilaterally executed by the transferor does not create, assign, limit or extinguish any right, title or interest in the property and is of no effect. Such a document does not create any encumbrance in the property already transferred. Hence such a deed of cancellation cannot be accepted for registration.
(ii) Once title to the property is vested in the transferee by the sale of the property, it cannot be divested unto the transferrer by execution and registration of a deed of cancellation even with the consent of the parties. The proper course would be to re-convey the property by a deed of conveyance by the transferee in favor of the transferor.
(iii) Where a transfer is effected by way of https://www.mhc.tn.gov.in/judis 3/8 4 W.P.(MD)NO.17158 OF 2015 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.
(iv) 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.” The aforesaid decision has been relied on by another Full Bench of Madras High Court in the decision reported in 2022 (5) CTC 257 (Sasikala Vs. The Revenue Divisional Officer). The Hon'ble Full Bench has held as follows:-
“44. From the discussions and conclusions we have reached above with reference to various provisions of Statutes and precedents, we reiterate https://www.mhc.tn.gov.in/judis 4/8 5 W.P.(MD)NO.17158 OF 2015 the dictum of Hon'ble Supreme Court in Thota Ganga Laxmi and Ors. Vs. Government of Andhra Pradesh & Ors., reported in MANU/SC/1267/2010 :
(2010) 15 SCC 207 and the Full Bench of this Court in Latif Estate Line India Ltd., case, reported in MANU/TN/0310/2011 : AIR 2011(Mad) 66 and inclined to follow the judgment of three member Bench of Hon'ble Supreme Court in Veena Singh's case reported in MANU/SC/0615/2022 : (2022) 7 SCC 1 and the judgment of two member Bench of Hon'ble Supreme Court in Asset Reconstruction Company (India) Ltd., case, reported in MANU/SC/0579/2022 for the following propositions:
(a) A sale deed or a deed of conveyance other than testamentary dispositions which is executed and registered cannot be unilaterally cancelled.
(b) Such unilateral cancellation of sale deed or a deed of conveyance is wholly void and non est and does not operate to execute, assign, limit or extinguish any right, title or interest in the https://www.mhc.tn.gov.in/judis 5/8 6 W.P.(MD)NO.17158 OF 2015 property.
(c) Such unilateral cancellation of sale deed or deed of conveyance cannot be accepted for registration.
(d) The transferee or any one claiming under him or her need not approach the civil Court and a Writ Petition is maintainable to challenge or nullify the registration.
(e) However, an absolute deed of sale or deed of conveyance which is duly executed by the transferrer may be cancelled by the Civil Court at the instance of transferor as contemplated under Section 31 of Specific Relief Act.
(f) As regards gift or settlement deed, a deed of revocation or cancellation is permissible only in a case which fall under Section 126 of Transfer of Property Act, and the Registering Authority can accept the deed of cancellation of gift for registration subject to the conditions specified in para 42 of this judgment.
(g) The legal principles above stated by us https://www.mhc.tn.gov.in/judis 6/8 7 W.P.(MD)NO.17158 OF 2015 cannot be applied to cancellation of Wills or power of Attorney deed which are revocable and not coupled with interest.”
5. The second respondent ought not to have entertained the document for cancellation presented by the third respondent. In this view of the matter, respectfully following the ratio laid down above, the impugned registration is set aside. This writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.
13.07.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PMU
To:
1. The District Registrar,
O/o.District Registrar,
Near New Bus Stand,
Thoothukudi.
2. The Sub-Registrar,
Keelur Sub-Registrar Office,
Thoothukudi.
https://www.mhc.tn.gov.in/judis 7/8 8 W.P.(MD)NO.17158 OF 2015 G.R.SWAMINATHAN,J.
PMU W.P.(MD)No.17158 of 2015 13.07.2023 https://www.mhc.tn.gov.in/judis 8/8