The High Court of Madras passed a judgment on 28 April 2023 stating that the registration of the cancellation of the settlement deed is “void and non-est in law”.It was stated in the case of S.R.Sudha v. R.Sathyaseela (WP.1953/2023) which was passed by the single judge bench comprising of HONOURABLE JUSTICE M.S.RAMESH
FACTS OF THE CASE:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to delete/cancel the registration of the unilateral cancellation of Gift Settlement Deed Document No.3401/2009 dated 14.09.2009 by the first respondent and Document No.3511/2009 dated 17.09.2009 by the second respondent registered on the file of the third respondent i.e., the Sub-Registrar, Magudanchavadi, Salem District in respect of property land to an extent of 6910.5 sq. feet, comprised in Survey No.632/1 and 1/32 https://www.mhc.tn.gov.in/judis W.P.No.1953 of 2023 New UDR Survey No.632/1E, situated at Edanganasalai Village, Sankari Taluk, Salem District, as Invalid & Against Law. The legal issue that arises for consideration in the present Writ Petition is as to whether the Registering Authority has powers to unilaterally cancel the Settlement Deed.
JUDGEMENT OF THE CASE
The matter is remitted back to the concerned Sub Registrar, who shall conduct the proceedings under Section 77-A for cancellation of the Gift Settlement Deed Document No.3401/2009 dated 14.09.2009 by the first respondent and Document No.3511/2009 dated 17.09.2009 by the second respondent, after giving due notice to the executants and all parties to the document and parties to the subsequent documents, if any and conduct an appropriate enquiry and pass orders on its own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order. The Writ Petition stands ordered accordingly. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
