RANGAMMAL Vs. THE SUB REGISTRAR

JUDGEMENT

(1.) The petitioner has come up with the present writ petition, challenging the impugned order in Check Memo No. 1/2015 dated 16.11.2015 passed by the respondent and consequently, to direct the respondent to carry out the corrections in his records as per the decree dated 19.9.2002 made in O.S. No. 161 of 2001 passed by the learned District Munsif of Mettupalayam relating to the registration of the unilateral cancellation of the settlement deed dated 4.1.1995 (Doc. No. 40/1995) in compliance with Sec. 31(2) of the Specific Relief Act, 1963 by considering her representation dated 16.11.2015.

(2.) The case of the petitioner, in brief, is as follows: - -

(3.) Learned counsel appearing for the petitioner submitted that the petitioner's father had executed a settlement deed in favour of the petitioner's son Rathinasamy in respect of the property measuring to an extent of 3.00 acres bearing S.F. No. 365, Karamadai Village. Subsequently, without the knowledge of the petitioner, her father unilaterally cancelled the said settlement deed vide document No. 40/1995 dated 4.1.1995. Hence, the petitioner filed a suit in O.S. No. 161 of 2001, showing her father Ranga Navidan as first defendant and the respondent herein as the second defendant. The said suit was decreed on 19.9.2002 as prayed for. Since the respondent herein was a party to the said suit, he ought to have carried out the necessary corrections in the records available in the office of the registration department as per the decree dated 19.9.2002 made in O.S. No. 161 of 2001 wherein the cancellation of the settlement deed unilaterally executed by her father was declared as null and void. In this regard, learned counsel appearing for the petitioner invited the attention of this Court to Sec. 31(2) of the Specific Relief Act, 1963, which reads as follows: - -