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2024 Supreme(Online)(MAD) 42567

HIGH COURT OF MADRAS
Ms. JUSTICE P.T. ASHA, J
SANTHA – Appellant
Versus
THE INSPECTOR GENERAL OF REGISTRATION – Respondent


Advocates:
For Petitioners:Mr.R.Anbalagan For Respondents: Ms.C.Meera Arumugam Additional Government Pleader

Table of Content
1. background of settlement deed (Para 2)
2. dispute over property ownership (Para 3)
3. court's finding on cancellation deed (Para 4)
4. writ petition ruling (Para 5)

ORDER

2. The petitioners contention is that the vacant site measuring to an extent of 272 sq.ft., being backyard of the house comprised in T.S.No.1904/7A, Old Survey No.1904/1, originally belonged to her grand mother Poongavanammal. The said Poongavanammal had executed the registered settlement deed dated 16.09.1983 in favour of the 2 nd petitioner and her younger brother Suresh, who were aged about 7 years and 1 ½ years respectively. Their mother Shantha was appointed as guardian. The petitioner would submit that they have been continuously in possession of the house property and joint patta was issued in her name and in the name of her younger brother Suresh. Her brother suffered from a weak health and therefore did not marry. Ultimately he succumbed to his ill health on 18.07.2005, leaving behind his mother as his class-I legal heir.

4. The learned Principal District Munsif though had dismissed the suit for bare injunction had held that the cancellation deed was invalid as settlor did not have any right

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