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G. JAYACHANDRAN, SUNDER MOHAN
KR. Subbaiah (Died) – Appellant
Versus
R. Ramasubbu (Died) – Respondent
JUDGMENT :
G.JAYACHANDRAN, SUNDER MOHAN, JJ.
PRAYER : Writ Appeal filed under Clause 15 of the Letters of Patent, against the order dated 18.03.2011, made in W.P.(MD)No.5417 of 2008.
Since the issues involved in both the Writ Appeals are one and the same, they are heard together and disposed of by this common judgment.
2. For the sake of convenience, the parties are referred to as per their description in the Writ Petition.
3. R.Ramasubbu, the appellant in W.A.(MD)No.598 of 2011 was forced to approach this Court by way of W.P.(MD)No.5417 of 2008 being aggrieved by the order of the first respondent/Registrar of Co-operative Societies [Housing], cancelling the allotment of the Plot, bearing No.B207, which was sold to him by the third respondent Society through the registered sale deed, dated 07.03.1986, for valuable consideration.
4. The first respondent passed a proceedings, dated 28.04.2008, cancelling the allotment for not complying the condition of putting up construction in the vacant site within a period of two years. The third respondent/Special Officer of the Housing Site Society, after cancelling the allotment, had allotted the Plot to the fourth respondent K.R.Subbaiah, who on re
The judgment emphasized the importance of the affected person's objection or explanation in influencing the decision-making process, as per the principles of natural justice.
Unilateral cancellation of sale deeds is void; a suit for cancellation must follow legal procedures, and claims barred by limitation cannot be entertained.
Hon’ble Supreme Court has held that if any sale deed is required to be cancelled, the only remedy is by way of a civil suit for cancellation, but no cancellation deed can be unilaterally executed or ....
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