M.Y.EQBAL, P.JYOTHIMANI, T.S.SIVAGNANAM
Latif Estate Line India Ltd. rep. by its Managing Director – Appellant
Versus
Hadeeja Ammal – Respondent
M.Y. Eqbal, C.J.—These two appeals have been filed against the order passed in W.P.Nos.17555 of 2008 and 27291 of 2008.
2. In W.P.No. 17555 of 2008, the facts of the case are that the writ petitioner (respondents 2 and 3) claims to be the owner of Plot No.223, measuring 2500 sq.ft. comprised in survey Nos.98/5, 98/2A/2 and 98/2B/3, Kakkalur Village, Tiruvallur Taluk and District. The said property allegedly purchased by the writ petitioner by means of registered sale deed dated 13th Nov., 1996, from the 2nd respondent/appellant. She claims that the entire sale consideration was paid and she was also put in possession. However, the 2nd respondent/appellant unilaterally executed the cancellation deed on 27th Aug., 2007, which was registered by the 1st respondent, being Document No.16826/07. The 2nd respondent/appellant denied the allegation and stated that the writ petitioner was not in possession of the property and the appellant continued to be in possession of the same. It was also contended that the sale consideration was not paid. Learned single Judge, following the judgment and order rendered in W.P. No.8567/08 held as under :-
i) Challenging registration of a unil
AIR 2005 SC 3401 – Referred [Para 15]
AIR 2000 AP 57 – Assented to [Para 19]
(2005) 6 SCC 705 – Relied upon [Para 23]
AIR 1964 SC 227 – Relied upon [Para 23]
Captain Dr.R.Bellie vs. The Sub-Registrar
2007 3 MLJ 1025 – Relied upon
E.R.Kalaivan Vs. Inspector General of Registration, Chennai
A.S. Elangode Vs. A. Palanisamy
G.D.Subramaniam Vs. The Sub-Registrar, Office of Konnur Sub-Registrar, Sidco Nagar, Chennai – 49
AIR 2007 AP 57 – (FB) – Dissented with
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