BABU M.ABRAHAM Vs. A.ISSAC ABRAHAM

JUDGEMENT

(1.) This writ appeal is filed by the appellant as against the order passed by the learned Single Judge in W.P.(MD)No.4196 of 2017, dated 25.04.2019. The said writ petition was filed by the first respondent herein as against the unilateral cancellation of release deed in Doc.No.4796/2009, dated 30.12.2009, executed by the appellant and the third respondent and the learned Single Judge, by the order impugned, allowed the writ petition.

(2.) The case of the writ petitioner is that his father purchased certain property and died intestate on 29.08.2002, leaving the writ petitioner, his mother, the appellant herein, the third respondent herein and another brother and sister. Their mother also died intestate on 13.09.2004. After the demise of their mother, the appellant and other brothers jointly executed a release deed in Doc.No.4493/2009, dated 10.12.2009 in respect of their share over the properties. But, subsequently, the appellant and the third respondent unilaterally cancelled the said deed by executing a cancellation of release deed in Doc.No.4796/2009, dated 30.12.2009, on the ground that the promised payment was not made.

(3.) As against the unilateral cancellation, the first respondent / writ petitioner filed the writ petition and this Court, following the decision of the Full Bench of this Court in M/s.Latif Estate Line India Ltd. v. Hadeeja Ammal and Others , 2011 1 LW 673, allowed the writ petition as follows: