T PARASAKTHI Vs. DISTRICT REGISTRAR, PALANI, DINDIGUL DISTRICT, SUB REGISTRAR, OTTANCHATTRAM, DINDIGUL DISTRICT AND MALATHI

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking to set aside the communication sent by the Sub Registrar, dated 03.08.2009. By the impugned communication, the petitioner was informed that the document which was presented to the Sub Registrar for registration carrying a Number P.27/2009, was returned on the basis of the request made by the executant of the document on 25.05.2009 without registering. Challenging the said communication, the petitioner has filed the present writ petition and after setting aside the same, seeks for restoration of the settlement deed, dated 20.03.2009 on the file of the Sub Registrar. The petitioner has also impleaded the third respondent who is none other than his sister in law and wife of late Sakthivel. The settlement deed which is referred by the petitioner and a copy has also furnished in the typed set at page Nos. 1 to 32 shows that it was written by the third respondent in favour of the her two minor children and the petitioner was made in charge of the taking over of the property allotted in favour of the two minor children of the third respondent.

(2.) The contention of the petitioner was that after the death of his father who was a forest contractor and a timber merchant died on 05.04.1999. The family property was kept as joint family property and on family partition, the husband of the third respondent was allotted properties under A schedule properties and B schedule properties was allotted to the petitioner.

(3.) The mother of the petitioner executed a registered settlement deed in favour of the third respondent husband on 20.03.2006. After the death of his brother sakthivel, the husband of the third respondent at the age of 44 years due to kidney failure and liver, leaving behind the third respondent and two minor children as legal heirs to succeed his estate. The petitioner's mother persuaded the petitioner to maintain the properties till the minor children attain majority. Therefore, he is maintaining the properties of late Sakthivel for the last one year. The land allotted to his brother are fertile lands in which cash crops are also grown and the yield will be not less than 20 lakhs per annum after defraying expenses.