Madras High Court
K.Revathi vs The Sub Registrar on 6 June, 2023
W.P.No.11580 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.11580 of 2015
and
M.P.Nos.1 and 2 of 2015
K.Revathi ... Petitioner
Vs
1.The Sub Registrar,
Tharamangalam,
Salem District.
2.M.Kalaimohan ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorari calling for the records of the 1 st
respondent in respect of Document No.3609/2012 registering the
cancellation of Gift Deed on 04.07.2012.
For Petitioner : Mr.N.Suresh
For Respondents : Mr.T.Arunkumar
Additional Government Pleader for R1
: Mr.T.S.Vijaya Raghavan for R2
ORDER
https://www.mhc.tn.gov.in/judis
W.P.No.11580 of 2015
The writ petition has been instituted to quash the unilateral
cancellation of gift deed registered in Document No.3609/2012 dated
04.07.2012.
2. The petitioner states that her husband / 2nd respondent had executed
a registered settlement deed on 27.04.2011 in respect of the properties in
Survey Nos.62/1 – 0.71.0 hectares, S.No.62/7 – 0.67.5 hectares, S.No.57/1A
– 0.11.0 hectares, S.No.57/1B – 0.73.5 hectares totalling 5.51 acres situated
at Mallikuttai Village Tharamangalam Taluk, Salem District.
3. The learned counsel for the petitioner states that the settlement
deed executed by the husband of the writ petitioner had been unilaterally
cancelled and therefore the petitioner has chosen to file the present writ
petition.
4. The issues raised by the petitioner in the present writ petition is no
more res integra.
5. 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 has settled
https://www.mhc.tn.gov.in/judis
W.P.No.11580 of 2015
principles as follows:
“(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
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 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
https://www.mhc.tn.gov.in/judis
W.P.No.11580 of 2015
cancellation of sale deed on the ground inter alia of fraud or
any other valid reasons.”
6. In view of the judgment of the Full Bench, the writ petition is to be
considered. Accordingly, the 1st respondent Sub Registrar is directed to
cancel the Document No.3609/2012 and effect necessary entries in the
encumbrance and all other registers. Accordingly, the Writ Petition stands
allowed. However, there shall be no order as to costs. Consequently,
connected miscellaneous petitions are closed.
06.06.2023
Index : Yes/No
Speaking Order : Yes/No
Sgl
To
The Sub Registrar,
Tharamangalam,
Salem District.
https://www.mhc.tn.gov.in/judis
W.P.No.11580 of 2015
S.M.SUBRAMANIAM, J.
Sgl
W.P.No.11580 of 2015
06.06.2023
https://www.mhc.tn.gov.in/judis
