Appeal against High Court order refusing to direct cancellation of a sale deed. Bench reaffirmed Full Bench proponent stance that absolute sales require Civil Court decree for cancellation, dismissing writ petition.
Writ appeal dismissed; C.M.P. No.23125 of 2019 closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICIATURE AT MADRAS
DATED : 26.08.2021
CORAM :
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI
W.A.NO.3596 OF 2019 AND C.M.P.NO.23125 OF 2019
M.Ramasamy ... Appellant
Versus
Tiruppur District.
PRAYER:-
Appeal filed under Clause 15 of the Letters Patent against the order dated 08.07.2019 in W.P.No.1513 of 2018 passed by His Lordship Mr.Justice P.D.Audikesavalu.
Prayer in W.P.No.1513 of 2018:-
Petition under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to conduct proper enquiry and cancel the Document No.3405/2008 , dated 24.04.2008 within stipulated time as fixed by this Court by giving opportunity to all the parties.
For Appellant : Mr.C.Prakasam For Respondents : Mr.T.Arunkumar Government Advocate For R1 & R2
JUDGMENT
(Judgment of this Court was delivered by T.RAJA,J.)
The appellant/writ petitioner, after withdrawing the above Writ Petition No.1513 of 2018, in the light of the observation made in the judgment of the Full Bench of this Court in the case of Latif Estate Line India Limited vs. Hadeeja Ammal and others reported in 2011 (2) CTC 1, has again come to this Court with this writ appeal.
'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 transferor 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 favour of the transferor.
(iii)Where a transfer is effected by way of sale with the condition that title till pass on payment of consideration, and such intention is clear from the recital in the deed, then such instrument or sale can be cancelled by a Deed of Cancellation with the consent of both the parties on the ground on non-payment of consideration. The reason is that in such a Sale Deed, admittedly, the title remained with the transferor.
(iv)In other cases, a complete and absolute sale can be cancelled at the instance of the transferor only by taking recourse to the Civil Court by obtaining a decree of cancellation of Sale Deed on the ground inter alia of fraud or any other valid reasons.
Sd/Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
vga
To
+1cc to the Government Pleader, High Court, S.R.No.43386
W.A.NO.3596 OF 2019 AND C.M.P.NO.23125 OF 2019
GP(CO) PBS/21/09/2021
3 issues framed by the court
Whether an appellant can seek cancellation of a sale deed via writ of mandamus after a Full Bench held that such cancellation must be sought via a Civil Court decree under Section 31 of Specific Relie
Whether the transferor can unilaterally cancel a complete and absolute sale by executing a Deed of Cancellation.
Whether the writ appeal filed by the appellant is maintainable in light of the Full Bench judgment in Latif Estate Line.
Colour shows how this judgement treated each authority
Latif Estate Line India Limited vs. Hadeeja Ammal and othersApplied¶25
Latif Estate Line India Limited vs. Hadeeja Ammal and others reported in 2011 (2) CTC 1
Latif Estate Line India Limited vs. Hadeeja Ammal and othersDistinguished¶30
Latif Estate Line India Limited vs. Hadeeja Ammal and others reported in 2011 (2) CTC 1
M.Ramasamy
The District Registrar (Administration), O/o.Registration, Tiruppur
The Sub Registrar, O/o.Registration, Kangayam
M.Y.Habibur Rahman
T.RAJA
T.V.THAMILSELVI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
