DINESH KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner states that by a settlement deed executed in the year 1996 as Document No.1083 of 1996 of the Vellamunda SRO, the property having an extent of 1.06 Acres comprised in Sy.No.57/1/A/1/A of Vellamunda Amsom was settled in favour of the petitioner by his father late Sri. Sankaran Nair. The petitioner states that pursuant to the execution of the settlement deed as aforesaid, the petitioner remitted basic tax as is evident from Exts.P3 and P4. He states that he has been in possession of the said property and refers to Ext.P5 possession certificate dated

(2.) 11.2016 to establish the said fact. 2. The petitioner states that he wanted to obtain a loan from a bank for which he approached the Sub Registrar and applied for an encumbrance certificate. On receiving the encumbrance certificate, he realized to his shock that the settlement deed executed by his father was unilaterally cancelled by him by executing a cancellation deed Vide No. 1838 of 1996 dated 7.7.1996 of the Vellamunda SRO. The contention of the petitioner is that the cancellation deed unilaterally executed by the transferor will not create, assign, limit or extinguish the right of the petitioner over the property and the same is null and void and non-est in the eye of law. It is in the afore circumstances that the petitioner has approached this Court seeking the following reliefs:

(3.) I have heard Sri. M.P.Ashok Kumar, the learned counsel appearing for the petitioner and the learned Government pleader.