T.V.AMARNATH Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) Heard Mr. T.R.Subramanian, Learned Counsel for the Petitioner, Mr. V.Anand, Learned Government Advocate appearing for the First and Second Respondents through video-conference and perused the materials placed on record, apart from the pleadings of the parties.

(2.) The mother of the Petitioner viz., T.V.Kamala, the Third Respondent herein, had executed the Settlement Deed dated 18.11.2015 registered as Document No. 5283 of 2015 in the office of the District Registrar, Kumbakonam, transferring her property in favour of the Petitioner. Subsequently, the mother of the Petitioner by a Deed of Cancellation dated 03.06.2016 registered as Document No.2405 of 2016 had unilaterally cancelled the aforesaid Settlement Deed dated 18.11.2015 executed in favour of the Petitioner, and she executed another Settlement Deed dated 06.06.2016 registered as Document No. 2406 of 2016 in favour of the Fourth Respondent. The Petitioner, on coming to know about the aforesaid transactions, has filed this Writ Petition challenging the registration of those documents and for consequential direction to the Second Respondent to delete those entries in the records.

(3.) Having regard to the aforesaid relief sought, it would be necessary to refer to Section 31 of the Specific Relief Act, 1963, which reads as follows:- "31. When cancellation may be ordered:-