IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. VAIDYANATHAN, J.
Amuthavalli and Ors. – Petitioners
Vs.
The Sub-Registrar, Office of the Sub-Registrar, Gandhipuram, Coimbatore and Anr. – Respondents
W.P.No.6329 of 2009
Decided On : 07-09-2017
Registration Act – Section 22A – Cancellation Deed – Quashment Orders – Petitioners have come forward with this Writ Petition seeking to quash the Cancellation Deed executed by respondents 2 to 5, registered by the 1st respondent as Document and consequently restrain the respondents from in any manner dealing with the said property in S.F.No.246/1 of Kalapatti Village, Gandhipuram, Sub-Registration District and Coimbatore Registration District. – Held, Only remedy is for the purchaser to re-convey the land purchased by them. – If the purchaser fails to re-convey the property to the seller or the owner, the remedy to the owner is to knock at the doors of the Civil Court. – The contention of respondents 2 to 5 that the Writ Petition is not maintainable may not be correct, as it is an admitted position that a Deed of Cancellation was made without the consent of the petitioners and this Court is empowered to exercise such extraordinary jurisdiction in interfering with the cancellation of Sale Deed. – Court find much force in the contentions of the writ petitioners and the Writ Petition is allowed, setting aside the Cancellation Deed executed by respondents 2 to 5 and registered by the 1st respondent as Document – Court makes it very clear that if respondents 2 to 5 are aggrieved by any other action done by the 6th respondent fraudulently or in any manner that he has colluded with the petitioners, the observation in this order will not preclude them from agitating all the issues before the appropriate forum, where the civil suits are pending and the same yardstick will apply to the 8th respondent, who has admittedly purchased the property from the 7th respondent, after the Deed of Cancellation. – Court observes that wherever suits are pending, such Courts are expected to take up the cases and proceed with the same on a day-to-day basis without adjourning the matter beyond seven working days at any point of time, as the Sale Deed in question is of the year 2005 and that the cancellation of Sale Deed is of the year 2007 and more than a decade had passed. – Order Accordingly
Petitioners have come forward with this Writ Petition seeking to quash the Cancellation Deed dated 20.09.2007 executed by respondents 2 to 5, registered by the 1st respondent as Document No.5824 of 2007 and consequently restrain the respondents from in any manner dealing with the said property in S.F.No.246/1 of Kalapatti Village, Gandhipuram, Sub-Registration District and Coimbatore Registration District.
2. According to the petitioners, they jointly purchased the property measuring an extent of 3.46 acres situated in S.F.No.246/1 of Kalapatti Village, Gandhipuram Sub-Registration District and Coimbatore Registration District, by a Sale Deed dated 09.03.2005, registered as Document No.1549 of 2005 on the file of the 1st respondent herein. Respondents 2 to 5 are the original owners of the property in question. A registered Power of Attorney was executed by respondents 2 to 5 in favour of the 6th respondent on 27.07.2004 and thereafter, the Sale Deed was registered. After receiving the entire sale consideration and executing necessary Power of Attorney, respondents 2 to 5 unilaterally cancelled the registered Sale Deed dated 09.03.2005 executed in favour of the petitioners.
3. It is the case of the petitioners that once there is a registration of document, unilateral cancellation is contrary to law, without jurisdiction and lacks bonafides. Thereafter, respondents 2 to 5 went to the extent of even cancelling the Gift Deeds executed in favour of Kalapatti Panchayat, which is the subject matter of the Writ Petition in W.P.No.36726 of 2007. Pursuant to the cancellation of Sale Deed, respondents 2 to 5 collusively initiated Civil Suit and transferred the properties to third parties to claim equities. The 7th respondent herein transferred a portion measuring about 25 cents under Sale Deed dated 27.02.2009 registered as Document No.305 of 2009 in favour of the 8th respondent. The purchasers, who are respondents 7 and 8 are trying to alter the physical features for ulterior purposes. According to the petitioners, the Cancellation Deed dated 20.09.2007 executed by respondents 2 to 5 through their Power of Attorney Agent is contrary to law and amounts to improper exercise of jurisdiction.
4. Respondents 2 to 5 have filed counter affidavit stating that the Writ Petition is not maintainable, as it has been filed only in March 2009, when the Sale Deed in question was cancelled on 20.09.2007. According to them, petitioners have accepted the cancellation of Sale Deed and also entered into various documents with the 7th respondent, to whom they have sold a portion of the property. It is also stated that they have filed a suit in O.S.No.142 of 2008 before the III Additional Sub Court, Coimbatore against the petitioners and others for declaring the Sale Deed dated 09.03.2005 executed by the 6th respondent in favour of the petitioners as null and void and the matter is in the trial stage.
5. It is further stated by respondents 2 to 5 that the property owned by them was an agricultural land to an extent of 5 acres 27 cents in S.F.No.246/1 at Kalapatti Village, Coimbatore and it was purchased by one Pappanna Gounder, husband of the 2nd respondent by virtue of a registered Sale Deed bearing No.1509/67 in Book 1, Volume 42 and at pages 267 to 274 in the Office of the Sub-Registrar, Gandhipuram, Coimbatore. He died intestate and the property was inherited by respondents 2 to 5 as per the Hindu Succession Act. Thereafter, an application was sent for getting DTCP approval. The layout roads and the land for park to an extent of 1.82 acres were settled in favour of the local Panchayat through Gift Settlement Deed dated 23.12.1997.
6. When respondents 2 to 5 were trying to get approval of the layout, they were introduced to the 6th respondent through a known person viz. C.Padmanabhan and they were informed that he knew all works regarding layout approval and hence, they requested the 6th respondent to get layout approval. For that purpose, the 6th respo
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