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2023 Supreme(Online)(MAD) 8650

HIGH COURT OF MADRAS
Hon`ble Mr.Justice G.R.SWAMINATHAN
ESWARI W/O.SURESH – Appellant
Versus
THE SUB REGISTRAR – Respondent


ORDER

Heard the learned counsel on either side.

2.The petitioner / Eswari got married to one Suresh. Suresh is the son of Atchuthan Vadiriyar (second respondent). The second respondent is no more and the third respondent has been brought on record as the legal heir. When the second respondent was alive, he executed a settlement deed in favour of the petitioner and her husband. It was registered as Document No.1396/2011 on the file of the Sub Registrar, Kottaram. The allegation of the petitioner is that at the instance of the third respondent and her sister, the second respondent unilaterally cancelled the settlement deed on 13.07.2015 vide Document No. 2213/2015. Challenging the registration of the cancellation deed, the present writ petition came to be filed.

3.It is well settled that a settlement deed or deed of conveyance cannot be unilaterally cancelled. The The Hon'ble Full Bench of the Madras High Court in the decision reported in [2011 (2) CTC 1 (M/s.Latif Estate Line India Ltd. Vs. Hadeeja Ammal)] held as follows:-

“59. After giving our anxious consideration on the questions raised in the instant case, we come to the following conclusion:-

(i) A deed of cancellation of a sale un

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