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2011 Supreme(Mad) 4704

M.M.SUNDRESH
S. M. Syed Mohammed Buhari – Appellant
Versus
The Sub Registrar (District Registrar Cadre) Triplicane, Chennai – Respondent


Advocates Appeared:
For the Petitioner - K.M. Vijayan, Senior Counsel.
For the Respondents - R1 -I. Arokiasamy, Government Advocate, R2 & R3 -V. Lakshminarayanan, Advocate.

Judgment :-

1. Even though, the interim application is listed before me, by consent, the Writ Petition itself is taken up for final hearing.

2. The following questions of law arise for consideration in this Writ Petition:

(i) Whether a registered Settlement Deed executed by a Mahomedan father in favour of his son can be permitted to be revoked by a subsequent registration of a Cancellation Deed under the Registration Act, 1908.

(ii) Is the registering authority bound to register the Cancellation Deed or can go into the validity of the said document vis-a-vis the Settlement Deed and the applicability of the Muslim Personal Law (Shariat).

(iii) When the registering authority registers such a Deed of Cancellation, can this Court go into the same and declare the registration as null and void by considering the provisions of the Registration Act, 1908; Mahomedan Law; Transfer of Property Act, 1882; Indian Evidence Act, 1872 as well as the averments contained in the deeds while exercising the discretionary and extraordinary power under Article 226 of the Constitution of India.

3. Heard Shri.K.M.Vijayan, learned senior counsel appearing for the petitioner and Shri.I.Arokiasamy, learned





























































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