BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 16.02.2024 DATED : 16.05.2024 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.17630 of 2020 S.Ramasamy ... Petitioner Vs.

1. The Sub Registrar, Mukoodal Sub Registrar Office, Cheranmadevi Registration District, Tirunelveli District.

2. R.K.Sundari

3. R.Senthilkumar ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the registration of the document No.1777/2020 dated 19.10.2020 on the file of the 1st respondent and quash the same and consequently direct the 1st respondent to delete the entries pertaining to the registration of Document No.1777/2020 dated 19.10.2020 from the encumbrance certificate.

For Petitioner : Mr.G.Prabhu Rajadurai For R-1 : Mr.D.S.Nedunchezhiyan, Government Advocate.

For R-2 & R-3 : Mr.S.Srinivasa Raghavan * * *

O R D E R

Heard both sides.

2. The petitioner is none other than the husband of the second respondent and the father of the third respondent.

3. The case of the petitioner is as follows:-

The petition mentioned properties were purchased by the petitioner in the name of his wife. His wife had executed a power deed in his favour. Document No.2131 of 2010 was executed and registered on 17.05.2010 settling the properties in favour of the petitioner. After the execution of the said settlement deed, the petitioner created a layout and also sold the plots in favour of third parties and purchasers have obtained pattas in their respective names. After a lapse of almost ten years, at the instance of the third respondent, two other documents were created. The petitioner's wife executed a document dated 19.10.2020 cancelling the earlier gift deed dated 17.05.2010. To quash the registration of document No.1777 of 2020, this writ petition has been filed.

4. The private respondents have filed counter affidavit. The stand set out therein is as follows:-

The petitioner is living separately. The second respondent had executed a power deed dated 23.04.1991. This document did not authorise the petitioner to execute any gift deed. The power deed was also cancelled on 10.08.2010. On account of difference of opinion, the second respondent left the matrimonial home along with her son. Only in the year 2020, she became aware of the execution of the settlement deed dated 17.05.2010. That was cancelled. Thereafter, the second respondent executed settlement deed dated 19.10.2020 in favour of the third respondent. The registration of the cancellation deed dated 19.10.2020 is not illegal and it does not warrant interference.

5. The learned counsel on either side projected the stand set out in the respective pleadings.

6. I carefully considered the rival contentions and went through the materials on record.

7. The Hon'ble Full Bench of Madras High Court on more than one occasion had held that the registration of deeds of unilateral cancellation is legally impermissible. The Hon'ble Full Bench in the decision reported in AIR 2011 Mad 66 (Latif Estate Line India Ltd. and Ors. Vs. Hadeeja Ammal and Ors) has 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 unilaterally executed by the transferor does not create, assign, limit or extinguish any right, title or interest in the property and is of no effect. Such a document does not create any encumbrance in the property already transferred. Hence such a deed of cancellation cannot be accepted for registration.

(ii) Once title to the property is vested in the transferee by the sale of the property, it cannot be divested unto the transferrer by execution and registration of a deed of cancellation even with the consent of the parties. The proper course would be to re-convey the property by a deed of conveyance by the transferee in favor of the transferor.

(iii) Where a transfer is effe