Narayanasamy Naidu v. Inspector General of Registration, Chennai
2014-07-07
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment 1. In this writ petition, the petitioner seeks for a direction to direct the second respondent to consider the petitioner's representation dated 21.03.2013 in the light of the direction issued by the first respondent dated 10.04.2014, by which the petitioner's representation is directed to be considered. 2. The petitioner claims to be the absolute owner of the landed property in T.S.No.89/3 situated in T.Puthupati Village, Thirumangalam Taluk, Madurai District measuring an extent of 0.55.00 ares. According to the petitioner, the property owned by him has been illegally sold based on a forged power of attorney. In this regard, the petitioner has given a complaint before the Thirumangalam Taluk Police Station, Madurai District and a case has been registered against Azhagarsamy, Papayan and others for the offences under Sections 420, 468 and 471 IPC. The petitioner would state that the transaction itself is a fraudulent one. 3. In the recent decision of the Honourable Full Bench of this Court in the case of Latif Estate Line India Ltd., vs. Hadeeja Ammal and others reported in 2011 (2) CTC 1 (FB) wherein it was held as follows:- "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 will 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 of non-payment of consideration. The reason is that in such a Sale Deed, admittedly, the title remained with the transferor.
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." 4. In the light of the decision of the Honourable Full Bench the only remedy available to the petitioner, is to approach the competent Civil Court of competent jurisdiction seeking for declaration that those documents are illegal and not binding on the petitioner. 5. With the above observations, the writ petition is disposed of. No costs.