RAMASAMY Vs. SUB-REGISTRATION OFFICER

JUDGEMENT

(1.) This Writ Petition is filed challenging the unilateral cancellation of sale deed vide document NO.292/1994, dtd. 4/2/1994 thereby cancelled the sale deed executed in favour of the Petitioner vide document No.232 of 1994 in respect of the property comprised in S.No.754/10,754/11 to an extent of 3 1/2 cents situated in Pommayanaickenpatti, Theni District.

(2.) Heard the learned counsel appearing on either side and perused the materials placed before this Court.

(3.) The Petitioner's father in law namely, one Veeramuthu Gounder had executed a sale deed in favour of the Petitioner vide document No.232/1994, dtd. 31/1/1994 in respect of the subject property. With a period of three days of execution of sale deed, on 4/2/1994, his father in law himself had executed a cancellation of sale deed and got registered vide document No.292/1994.The subject property is a vacant house plot and it is lying vacant. In the year 2018, the Petitioner came to understand that the sale deed executed in his favour was also cancelled by way of unilateral cancellation of sale deed, dtd. 4/2/1994. Immediately, the Petitioner approached this Court in W.P.(MD)No.23577 of 2022 and the same was dismissed by order, dtd. 2/11/2019. Aggrieved by the same, the Petitioner filed W.A(MD)No.865 of 2022. However, it was subsequently withdrawn, on the ground that the Petitioner failed to implead the legal heirs of the Petitioner's father in law, since he died. At present, the entire scenario has been changed in view of the order passed by the Full Bench of this Court after following the order passed by the Honourable Supreme Court of India in the case of Sasikala .vs.The Revenue Divisional Officer reported in 2022(7) MLJ 1, wherein, it is held that the unilateral cancellation of sale deed is void and non-est in law and does not operate to execute, assign, limit or extinguish any right, title or interest in the property. However, the transferee need not approach the Civil Court and a Writ Petition is maintainable to challenge or nullify the registration. After demise of the Petitioner's father in law, legal heirs are impleaded in this Writ Petition as respondents 2 to 11.That apart, after cancellation of the sale deed by the Petitioner's father in law, there is no other transaction in respect of the subject property.