6.The dictum laid down in the above judgments are squarely applicable to the facts of this case. Though the learned counsel for the respondents submitted that as per Section 127 of the Transfer of Property Act, a settlement deed can be revoked by way of a cancellation deed, if it falls within the exception under Section 126 of the Transfer Property Act, in my considered opinion, whether it falls within the exception under Section 126 of the Transfer of the Property Act or not is purely a matter of evidence. The same has to be adjudicated only before the Civil Court. The Registrar is not a competent person to register the unilateral cancellation deed by deciding the question whether it falls within the exception under Section 126 of the Transfer of Property Act, since he is not the competent authority to decide the disputed question of facts. Further, in my considered opinion, by executing a registered settlement deed in favour of petitioners/settlees, the settlor/3rd respondent herein had lost his right in the property. Unless the said right is restored by setting aside the settlement deed executed by the settlor in favour of the settlees by a competent Court, the Sub-Registrar is not competent to register the unilateral cancellation of settlement deed. 7.In view of the above, the impugned deed of cancellation is ordered to be quashed. This writ petition is accordingly allowed. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar [ssv] To 1.The Inspector General of Registration, Santhome High Road, Chennai-600 028. 2.The Sub-Registrar, Sub-Registrar's Office, Madhavaram, Chennai-600 051. +1cc to Mr.K.R.A.Muthukrishnan, Advocate, S.R.No.13643 SKV(CO) EU(28/03/2016)
