O R D E R

This writ petition is filed seeking for a direction to the second respondent namely sub Registrar Kaniyur, Udumalpet, Tiruppur District to cancel the Gift deed dated 15.02.2012 in document No.583/2012 on the file of first respondent as per the cancellation deed of the petitioner dated

05.06.2015.

2. The case of the petitioner is that the petitioner is the owner of the subject property and he has gifted the same for construction of Higher Secondary School vide document No.383 of 2012 registered on the file of Sub Registrar Udumalpet. However till date the school has not been constructed. Hence the petitioner wants to cancel the gift deed and presented a cancellation of gift deed before the second respondent, who refused to received the same. Hence this petition.

3. The learned counsel for the petitioner submits that the petitioner had gifted a property for construction of a school and the same was not utilised by the first respondent even after 10 years. Hence he wants to cancel the gift deed and when presented the cancellation deed the same was not entertained by the second respondent. Hence he prays this Court for appropriate orders.

4. Today when the matter is taken up for hearing the second respondent filed a counter affidavit wherein it has been stated that if the petitioner wants to cancel the gift deed “ No Objection Certificate” should be produced and the relevant portion of the counter affidavit is extracted hereunder:

5. I submit that the cancellation deed was refused by me due to the following reasons:

(i) after executing the gift deed 583/2012, the property becomes “Government property”

(ii) I do not know whether the education department is constructing a school or not in that property. If the Education Department is not willing to construct a school “ NO OBJECTION CERTIFICATE” from the respective department is necessary to register the cancellation deed.

(iii) At the time of presentation of the cancellation deed the petitioner does not present any NOC or letter received from the education department.

5. Admittedly the facts of the case is not in dispute. The petitioner has gifted a property for construction of school and the same was not utilised for construction the school .Hence the petitioner wants to cancel the deed.

6. Full Bench constituted for considering identical issue, viz., the legality of the cancellation deed unilaterally executed, had rendered a decision in the case of Sasikala – Vs – The Revenue Divisional Officer & Anr. (W.P. (MD) Nos.6889/2020, etc. Batch – Dated 2.9.2022), by answering a reference made by a learned single Judge with regard to conflicting decisions in the matter of legality of registration of cancellation deed, by holding as under :-

“41. Regarding gift or settlement: With regard to unilateral cancellation of gift deed, which is not revokable and does not come under the purview of Section 126 of the Transfer of Property Act, the Registrar has no power to accept the deed of cancellation to nullify the registered settlement deed.

Section 126 of the Transfer of Property Act, reads as follows:

“126. When gift may be suspended or revoked.—The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be. A gift may also be revoked in any of the cases (save want or failure of consideration) in which, if it were a contract, it might be rescinded. Save as aforesaid, a gift cannot be revoked. Nothing contained in this section shall be deemed to affect the rights of transferees for consideration without notice.

42. Section 126 of the Transfer of Property Act recognizes the power of revocation where the donor reserves a right to suspend or revoke the gift on happening of any specified event. However, the illustrations clarifies that the revocation should be