Madras High Court
Minor C.V.Tharane vs The Sub Registrar on 13 September, 2023
W.P.No.22773 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.22773of 2023
1.Minor C.V.Tharane
2.Minor C.V.Naveen Srinivasan
Both represented by their Father and
Natural Guardian P.Venkataraman ... Petitioners
Vs
1.The Sub Registrar,
Villivakkam Village,
Perambur-Purasawalkam Taluk,
Presently Aminjikari Taluk,
Chennai.
2.B.Perumal
3.P.Vijaya Krishnan ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorari, calling for records relating to the
cancellation of Settlement Deed registered as document No.947/2015 dated
13.02.2015 on the file of 1st respondent and quash the same.
For Petitioners : Mrs.K.R.Gayathiri
For R1 : Mr.G.Krishnaraja,
Additional Government Pleader.
Page 1 of 7
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W.P.No.22773 of 2023
For R2 and R3 : Mr.M.L.Ramesh
ORDER
An unilateral cancellation of Settlement Deed executed by the
respondents 2 and 3 is under challenge in the present writ proceedings.
2. The petitioners are minors represented by their father, natural
guardian. It is in dispute between the parties that two Settlement Deeds are
executed vide Settlement Deed Document Nos.6156 and 6157 of 2014 dated
15.12.2014 by the respondents 2 and 3 in favour of the writ petitioners.
Within a short span of period, the said Settlement Deed was canceled
unilaterally by executing the impugned cancellation deed dated 13.02.2015
vide Document No.947 of 2015.
3. The learned counsel for the petitioners mainly contented that the
unilateral cancellation of Settlement Deed is immaterial in view of the law
laid down by the Full Bench of this Court.
4. The learned counsel appearing on behalf of the respondents 2 and 3
raised an objection by stating that Settlement Deed was executed out of love
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W.P.No.22773 of 2023
and affection towards grand children and the son has failed to maintain the
father during his old age. Even the grand children were not allowed to meet
the grand father. If that is the case, the remedy for the senior citizen is
elsewhere under the provisions of the Senior Citizens Act.
5. However, an unilateral cancellation of Settlement Deed cannot be
sustained in view of the principles laid down in the case of M/s.Latif Estate
Line India Ltd. Vs. Mrs.Hadeeja Ammal reported in 2011 (2) CTC 1,
wherein, the Full Bench held 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
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W.P.No.22773 of 2023
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 cancellation of sale deed on
the ground inter alia of fraud or any other valid
reasons.”
6. The legal position was further confirmed by the subsequent Full
Bench Judgment in the case of Sasikala vs. The Revenue Divisional
Officer, cum Sub Collector, Devakottai and Others reported in (2022) 7
MLJ 1. The relevant paragraphs are extracted here under:
“54. The third step namely the act of
registration, is something that the Registering
Authority is called upon to do statutorily. While the
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W.P.No.22773 of 2023
executant of the document and the person claiming
under the document (claimant) are the only actors
involved in the first two steps, the Registering
Officer is the actor in the third step. Apart from the
third step which is wholly in the domain of the
Registering Authority, he may also have a role to
play in the second step when a document is
presented for registration and the execution thereof
is admitted. The role that is assigned to the
Registrar in the second step is that of verification
of the identity of the person presenting the
document for registration.
55. Thus, the first two steps in the process of
registration are substantial in nature, with the
parties to the document playing the role of the lead
actors and the Registering Authority playing a
guest role in the second step. The third step is
procedural in nature where the Registering
Authority is the lead actor....
59. Much ado was sought to be made by
contending that the Appellant approached the High
Court without disclosing the previous orders of the
High Court and this Court, relegating them to civil
court for the adjudication of their claim. Reliance
was also placed in this regard on the decision of
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W.P.No.22773 of 2023
this Court in Raj Kumar Soni vs. State of U.P.
(2007) 10 SCC 635.”
7. Since orders are no more res integra and it is the facts that are in
dispute in the present case, the impugned cancellation of Settlement Deed
executed by the 1st respondent vide Document No.947 of 2015 dated
13.02.2015 is quashed.
8. Accordingly, the Writ Petition stands allowed. No costs.
13.09.2023
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veda/jeni
Index : Yes
Speaking order
Neutral Citation : Yes
To
The Sub Registrar,
Villivakkam Village,
Perambur-Purasawalkam Taluk,
Presently Aminjikari Taluk,
Chennai.
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W.P.No.22773 of 2023
S.M.SUBRAMANIAM, J.
veda/jeni
W.P.No.22773 of 2023
13.09.2023
(3/3)
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