Back
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA
Jagadguru Sri Abhinava Sadashivanad Swamigalu Alias Sadashivanand Bharathi Swamigalu – Appellant
Versus
Senior Sub-Registrar, Office Of Sub-Registrar, Gadag – Respondent
| Table of Content |
|---|
| 1. petitioner seeks certification to quash cancellation deed (Para 1 , 2) |
| 2. petitioner designated as uttaradhikari by executed deed (Para 3 , 4) |
| 3. unilateral cancellation of a bilateral deed is invalid (Para 5 , 6) |
| 4. judgment from co-ordinate bench supports petitioner's claim (Para 7 , 8) |
| 5. court reviews legal principles around deed cancellation (Para 9 , 10 , 11) |
| 6. cancellation tied to court's evaluation of civil suit merits (Para 12 , 14 , 15) |
| 7. petition dismissed; no grounds for judicial intervention (Para 13 , 16) |
ORDER :
M.NAGAPRASANNA, J.
1. The petitioner is before this Court seeking the following relief:
“Wherefore, it is humbly prayed before this Honb’le Court to issue a writ in the nature of certiorari quashing the impugned cancellation deed dated. 25-11-2022 registered by the Respondent No. 1 on 28-11-2022 marked at ANNEXURE-A and grant any other relief as deemed fit in the interest of justice.”
2. Heard the learned Senior Counsel Sri. Gangadhar R. Gurumath appearing for the petitioner and the learned Senior Counsel Sri. Jayakumar S. Patil representing the respondent.
3. The issue at this juncture is in the subject petition as projected lies in a narrow compass
A validly executed deed cannot be unilaterally cancelled; cancellation may only be bilateral and requires adherence to specific contractual and registration laws.
Unilateral cancellation of a settlement deed is impermissible and against public policy, as supported by the Transfer of Property Act and the Registration Act.
The main legal point established in the judgment is that the Registering Authority has no power to unilaterally cancel a settlement deed, and such unilateral cancellation is void and non-est in law.
Unilateral cancellation of a sale deed is invalid without prior legal action for recovery of sale consideration, emphasizing adherence to procedural law.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
