Madras High Court
Pechiammal vs The Sub Registrar on 30 January, 2023
W.P(MD)No.28161 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.28161 of 2022
and
W.M.P(MD)Nos.22226 & 22228 of 2022
Pechiammal ... Petitioner
Vs.
1.The Sub Registrar,
Melur,
Tuticorin.
2.Dravidamuthu
3.Maharajan
4.Sakthipandi ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the records
relating to the proceedings of the impugned cancellation deed, dated
07.07.2011, vide document number 2303/2011 on the file of the first
respondent and the consequent impugned refusal slip in RFL/Melur
Thoothukudi/105/2022, dated 28.11.2022, on the file of the first respondent and
quash the same and further direct the first respondent to register the settlement
deed presented by the petitioner in favour of her husband M.Balasubramaniyan
in respect of property bearing Door No.28M/2 in T.S.No.2, Ward C, Block 82
situated in Bryant Nagar 7th Street, Thoothukudi.
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W.P(MD)No.28161 of 2022
For Petitioner : Mr.K.Jeyamohan
For R-1 : Mr.N.Satheeskumar
Additional Government Pleader
For R-2 to R-4 : No appearance
ORDER
Heard the learned Counsel for the writ petitioner and the learned
Additional Government Pleader for the first respondent. The second respondent
is none other than the petitioner's father's first wife. The respondents 3 and 4
are the second respondent's sons born to the petitioner's father. The private
notice issued by the petitioner was received by the second respondent for
herself and on behalf of the third and fourth respondents. The Court notice
issued to the second and third respondents has been returned with an
endorsement 'Unclaimed'.
2. The writ petitioner's father Thiru.Murugan executed a settlement deed
in favour of the petitioner when she was a minor. The settlement deed was
executed on 25.11.1991 and registered as document No.2123/1991 on the file
of SRO Melur, Tuticorin. This document was unilaterally cancelled on
07.07.2011 (vide document No.2303/2011). To quash the registration of the
cancellation deed unilaterally executed and presented by the settlor, this writ
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W.P(MD)No.28161 of 2022
petition has been filed. A further relief has also been sought for. On the strength
of the settlement deed dated 25.11.1991, the petitioner had executed a
settlement deed dated 28.11.2022 in favour of her husband. She presented a
sale for registration. The impugned refusal check slip came to be issued citing
the cancellation deed. Challenge to the impugned refusal check slip is the other
part of the writ prayer.
3. The learned Counsel appearing for the petitioner reiterated all the
contentions set out in the affidavit filed in support of the writ petition and
called upon this Court to quash the registration of the cancellation deed as well
as the impugned resual check slip and grant relief as prayed for.
4. The learned Additional Government Pleader submitted that this writ
petition is barred by laches. He pointed out that this Court in W.P(MD)No.
23577 of 2019 dated 05.06.2020 dismissed the writ petition, where challenge to
unilateral cancellation of the year 1994 was made. He submitted that if this
Court would intervene in the matter, it may possibly affect third party rights
that might have accrued in the meanwhile.
5. The private respondents have not appeared before this Court to oppose
the writ petition.
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W.P(MD)No.28161 of 2022
6. After carefully considering the objections of the learned Additional
Government Pleader, I am of view that the relief sought for in the writ petition
has to be granted. This is primarily for the reason that the issue raised by the
writ petition is no longer res integra. The Hon'ble Full Bench of the Madras
High Court in the decision reported in 2011 (2) CTC 1 (Latif Estate Line India
Limited Vs. Hadeeja Ammal and Others) had held that unilateral cancellation
of sale deed is illegal. The Hon'ble Full Bench judgment was rendered on
11.02.2011. Even though the decision of the Hon'ble Full Bench pertains only
to unilateral cancellation of a sale deed, still the underlying principle is
applicable to unilateral cancellation of other transactions also. Registration of
the cancellation deed in the instant case was made on 07.07.2011 (i.e.,) after the
Hon'ble Full Bench pronounced the judgment. Another Hon'ble Full Bench of
the Madras High Court in the decision reported in AIR 2022 Madras 323
(Sasikala Vs. Revenue Divisional Officer and another) in paragraph No.58 has
held as follows:
"58. From the discussions and conclusions we have reached
above with reference to various provisions of Statutes and
precedents, we reiterate the dictum of Hon'ble Supreme Court in
Thota Ganga Laxmi Vs. Government of Andhra Pradesh, reported in
(2010) 15 SCC 207 and the Full Bench of this Court in Latif Estate
Line India Limited case, reported in AIR 2011 Mad 66 and inclined
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W.P(MD)No.28161 of 2022
to follow the judgment of three member Bench of Hon'ble Supreme
Court in Veena Singh's case reported in (2022) 7 SCC 1 and the
judgment of two member Bench of Hon'ble Supreme Court in Asset
Reconstruction Company (India) Limited case, reported in 2022
SCC Online SC 544 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
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 deed or deed of
conveyance which is duly executed by the transferor 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
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W.P(MD)No.28161 of 2022
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 cannot be applied
to cancellation of Wills or power of Attorney deed which are
revocable and not coupled with interest."
7. The first respondent had erred in registering a deed of unilateral
cancellation. All the more so because, the settlement deed dated 25.11.1991
executed in favour of the writ petitioner contains a clause that the settlor has no
authority to change or revoke the settlement deed. In the face of such an
express stipulation, the first respondent could not have registered the document
dated 07.07.2011. I therefore, hold that the registration of the cancellation deed
dated 07.07.2011 (vide document No.2303/2011) is null and void.
8. Since the impugned refusal check slip is anchored entirely on the said
deed of cancellation, it also has to go as a matter of consequence. The
impugned refusal check slip dated 28.11.2020 is also set aside. The petitioner is
permitted to re-present the settlement deed dated 28.11.2022 before the first
respondent. The first respondent shall entertain the same, register it and release
it subject to the fulfillment of the other usual formalities. This writ petition
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W.P(MD)No.28161 of 2022
stands allowed. There shall be no order as to costs. Consequently, connected
Miscellaneous Petitions stand closed.
30.01.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Btr
To
The Sub Registrar,
Melur,
Tuticorin.
G.R.SWAMINATHAN, J.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.28161 of 2022
Btr
W.P(MD)No.28161 of 2022
and
W.M.P(MD)Nos.22226 & 22228 of 2022
30.01.2023
https://www.mhc.tn.gov.in/judis
