Back
MUNISHWAR NATH BHANDARI, N. MALA
N. Jeevalakshmi – Appellant
Versus
N. Maheswaran – Respondent
JUDGMENT
(Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated 19.1.2022 passed in W.P.No.22019 of 2021.)
Munishwar Nath Bhandari, CJ.
This writ appeal has been filed to challenge the order dated 19.1.2022, by which a challenge to the cancellation of a registered document was accepted.
2. It was a case that a settlement deed was submitted for registration with the Sub-Registrar, Arakonam and has been registered. However, after registration of the document, the settlor cancelled the settlement deed unilaterally. It was cancelled and challenged by an aggrieved party i.e. the writ petitioner/non-appellant. The challenge was accepted by the learned Single Judge finding that once a document is registered, the Sub-Registrar has no power to cancel the registration.
3. The appeal has been filed to challenge the order mainly on the ground that the challenge to the cancellation of registration by the Sub-Registrar could not have been made by invoking the jurisdiction of this Court under Article 226 of the Constitution of India. For the aforesaid, remedy lies before the civil court. But ignoring the aforesaid, the learned Single Judge interfered in the cancellation of the
The main legal point established in the judgment is that once a document is registered, it cannot be cancelled by the Sub-Registrar unilaterally, and the appropriate remedy for disputes on facts and ....
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
A registering authority must adhere strictly to judicial orders, and any registration in contravention of such orders is void ab initio.
The Sub Registrar does not have the authority to unilaterally cancel a registered deed, and the cancellation of a settlement deed without the presence of the beneficiary is non est in law.
A vendor cannot unilaterally cancel a registered sale deed as it conflicts with property law principles; disputes must be resolved in civil court.
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.
The main legal point established is that the Civil Court is competent to decide the issue of cancellation, and the Registrar has no power to unilaterally cancel deeds. The court emphasized the need t....
The Sub Registrar's role is administrative and limited to ensuring compliance with statutory formalities, and he does not have the authority to adjudicate or evaluate the rights of parties to make a ....
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
