Unilateral cancellation of settlement deed executed in favour of the petitioner is impermissible and liable to be set aside based on relevant legal provisions and full bench judgments.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to cancel the deeds of cancellation of Settlement Deeds executed by 3rd respondent registered as Document Nos: 1) Deed of Revocation of Settlement Deed in Document No.12204/2016 dated 20.12.2016 2) Deed of Revocation of Settlement Deed in Document No.1613/2017 dated 29.12.2016 and subsequent 3) Settlement Deed in Document No.12333/2016 dated 23.12.2016 4) Settlement Deed in Document No.3099/2017 dated 08.03.2017 and not binding upon the petitioner''s possession over the property at Plot No. D-9/2, in CMDA Industrial Complex at Maraimalai Nagar, comprised in Survey No.166, 167, 168/part situated at Kilkaranai Village, Chengelpet Taluk, Kancheepuram District measuring total an extent of 9.6 Grounds on the file of the 2nd respondent viz., SRO. Joint No.II, Chengelpet, consequently, direct the 2nd respondent to incorporate the same in the Encumbrance Certificate.)

1. The writ of mandamus has been instituted to direct the second respondent to cancel the deed of cancellation of settlement deed executed by the third respondent registered as Document Nos: 1) Deed of Revocation of Settlement Deed in Document No.12204/2016 dated 20.12.2016 2) Deed of Revocation of Settlement Deed in Document No.1613/2017 dated 29.12.2016 and subsequent 3) Settlement Deed in Document No.12333/2016 dated 23.12.2016 4) Settlement Deed in Document No.3099/2017 dated 08.03.2017 and not binding upon the petitioner''s possession over the property at Plot No. D-9/2, in CMDA Industrial Complex at Maraimalai Nagar, comprised in Survey No.166, 167, 168/part situated at Kilkaranai Village, Chengelpet Taluk, Kancheepuram District measuring total an extent of 9.6 Grounds on the file of the 2nd respondent viz., SRO. Joint No.II, Chengelpet, consequently, direct the 2nd respondent to incorporate the same in the Encumbrance Certificate.

2. The petitioner states that she is the absolute owner of the property described in the present writ petition. The third respondent is the husband of the writ petitioner, who deserted the petitioner. The petitioner states that the third respondent has been living in adultery with one Ganga and there is an illegitimate child namely Karthik / fourth respondent.

3. The petitioner states that during the matrimonial life the third respondent her husband looted and cheated her wealths and valuable properties worth crores of rupees. She filed a Divorce Petition in H.M.O.P.No.27 of 2016. A Criminal Case was also registered against him in Crime No.202 of 2016 on the file of the Kelambakkam Police Station and a final report was filed in C.C.No.10 of 2017. The third respondent unilaterally executed two cancellation deeds cancelling the settlement deeds executed in favour of the writ petitioner. Since the cancellation was made unilateral, the petitioner has chosen to file the present writ petition.

4. Unilateral cancellation of settlement deed is impermissible and the issues in this regard are no more res integra and as settled by the Full Bench of this Court in the case of Latif Estate Line India and Others vs. Hadeeja Ammal and Others reported in 2011 (2) CTC 1, and the relevant paragraphs are extracted hereunder:

“48. Section 54 of the Transfer of Property Act defined the word "Sale", which means transfer of ownership by one person to another. In other words, sale is transfer of all rights, title and interest in the properties which are possessed by the transferor to another person namely., the purchaser. In case of transfer by way of sale, the transferor cannot retain any part of his interest or right in that property. Such transfer of ownership must be for a price paid or promised or part-paid and part-promised. Even if the whole price is not paid, but the document is executed and registered, the sale would be complete. The transfer is complete and effective upon the completion of the