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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, C.SARAVANAN, JJ
A.Sekar – Appellant
Versus
The Inspector General of Registration – Respondent
| Table of Content |
|---|
| 1. unilateral cancellation of a deed's validity. (Para 2 , 3) |
| 2. conditions for cancellation of an instrument. (Para 4 , 5) |
| 3. public policy against unilateral cancellation. (Para 6) |
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
Under assail is the writ order dated 05.02.2024 made in W.P.No.2482 of 2024.
2. The writ petitioners are the appellants. The facts in nutshell show that the father of the appellants 1 to 4 had executed a settlement deed dated 13.06.1976 in favour of the 1st appellant Mr.Sekar. Subsequently, the settlor late Angamuthu unilaterally cancelled the settlement deed by executing a cancellation deed on 05.09.1990. The settlor late Angamuthu died on 28.11.2016. After the death of the settlor, his legal heirs have filed a Writ Petition to nullify the cancellation of the settlement deed dated 13.06.1976 on 05.09.1990.
3. The writ Court dismissed the Writ Petition mainly on the ground that there was a long delay in seeking the relief. The settlor died on 28.01.2016 and the Writ Petition was filed after a lapse of 8 years from the date of the death of the settlor. This Court is of the considered view that all the legal heirs of late Angamuthu h
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