Writ court cannot cancel registered deeds on fraud/undue influence claims; civil court jurisdiction required.

ORDER

This writ petition is filed for a mandamus directing the first and second respondents to cancel the release deed dated 01.08.2012 executed by the petitioner and registered at the office of the second respondent as Document No.2804/2012, by considering the petitioner's representation dated 28.02.2022.

2.It can be seen that the persons in whose favour the release was made are arrayed as respondents 3 to 5. The claim of the learned counsel for the petitioner as well as in the representation is that on improper advice, without free Will and consent, the petitioner was made to execute this said release deed. Therefore, it can be seen that the petitioner is attacking the release deed on the ground that the same was not made of free Will and there is undue influence, fraud etc.

3.If that be the case, it is for the petitioner to assail the document by approaching the competent Civil Court and neither this Court under Article 226 of the Constitution of India nor the Sub-Register in exercise of its power can decide about the same.

4.In view thereof, with such liberty kept open to the petitioner to approach the competent Civil Court. The prayer in the writ petition cannot be countenanced and as such, the same is disposed of. No costs.