Madras High Court
Jan Jagran Trust vs The Inspector General Of ... on 6 June, 2023
Writ Petition Nos.28652 and 28653 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Writ Petition Nos.28652 and 28653 of 2015
and
M.P.No. 1 of 2015 [in both W.Ps.]
Jan Jagran Trust,
Rep. by its Chairman Mr.M.Ramakrishnan,
Having its office at No.107,
Dr.Radhakrishnan Salai,
Mylapore, Chennai – 600 004. ... Petitioner in both W.Ps.
Vs.
1. The Inspector General of Registration,
Chennai – 600 028.
2. The District Registrar,
Chengelpet.
3. The Sub-Registrar,
Thiruporur.
4. Mrs.Kokilam Subbiah
5. Mr.Jayakarthikesan Subbiah ... Respondents in both W.Ps.
COMMON PRAYER: Writ Petition filed under Article 226 of the
Constitution of India praying to issue a Writ of Certiorarified Mandamus,
calling for the entire records pertaining to Cancellation Deed dated 25.06.2008
registered as Document Nos.4672 of 2008 and 4673 of 2008 respectively on the
file of the 3rd respondent unilaterally executed by the 4th respondent and quash
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Writ Petition Nos.28652 and 28653 of 2015
the same and consequently direct the 3rd respondent to remove the entries
pertaining to the said document.
For Petitioner : Mr.R.Swaminathan
[in both W.Ps.]
For Respondents : Mr.N.Naveenkumar
[in both W.Ps.] Government Advocate [R1 to R3]
R4 and R5 – Not ready in notice
****
COMMON ORDER
The unilateral cancellation of gift deeds executed by the fourth
respondent in favour of the petitioner in document Nos.4672 and 4673 of 2008
dated 25.06.2008 is under challenge in the present writ petition.
2. The writ petitioner is a trust and the subject property was gifted by an
irrevocable gift by Mrs.Kokilam Subbiah, fourth respondent through her power
of attorney Mr.G.V.Vetrivelu to the trust as per the registered document
Nos.4672 and 4673 of 2008 in the office of the Sub-Registrar at Thiruporur.
3. The gift deed was made for the purpose of running an old age home for
senior citizen and the petitioner's trust was put in possession and enjoyment of
the property and was also muted to the name of the trust in the revenue
registers. The gift deed was absolute, irrevocable and has taken immediate effect
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Writ Petition Nos.28652 and 28653 of 2015
upon its execution as per clause 7 of the gift deed. The gift deed was acted upon
and in confirmation, the fourth respondent executed the rectification deed. The
possession of the property was handed over to the petitioner's trust and they are
running a home of orphans and senior citizen. While so, the fourth respondent
executed a cancellation deed unilaterally on 25.06.2008 registered as document
Nos.4672 and 4673 of 2008. Thus, the petitioner is constrained to move the
present writ petition.
4. Issue regarding unilateral cancellation of documents are no more res-
integra. The full bench of this Court in the case of M/s.Latif Estate Line India
Ltd., Vs. Mrs.Hadeeja Ammal reported in 2011 (2) CTC 1, where the
following has been stated:
(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 transferor
by execution and registration of a Deed of Cancellation even
with the consent of the parties. The proper course would be to
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Writ Petition Nos.28652 and 28653 of 2015
re-convey the property by a deed of conveyance by the
transferee in favour of the transferor.
(iii) 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 tranferor.
(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.”
5. In view of the judgment of the full bench cited supra, the impugned
unilateral cancellation deed is untenable and accordingly, the third respondent is
directed to cancel the impugned cancellation deed dated 25.06.2008 registered
as document Nos.4672 and 4673 of 2008 within a period of four(4) weeks from
the date of receipt of a copy of this order and effect necessary entries in the
encumbrance certificate and other relevant documents.
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Writ Petition Nos.28652 and 28653 of 2015
Accordingly, these writ petitions stand allowed. No costs. Connected
miscellaneous petitions are closed.
06.06.2023
Index : Yes
Speaking order
mp
To
1. The Inspector General of Registration,
Chennai – 600 028.
2. The District Registrar,
Chengelpet.
3. The Sub-Registrar,
Thiruporur.
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Writ Petition Nos.28652 and 28653 of 2015
S.M.SUBRAMANIAM., J
mp
Writ Petition Nos.28652 and 28653 of 2015
06.06.2023
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