ORDER
Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the registering authority /R1. The second respondent is no more. His legal heirs have been served and their names are printed in the cause list. But they have not chosen to enter appearance.
2. The second respondent executed a sale deed dated 24.05.1995 (Document No.713/1995) in favour of the petitioner. On 08.09.1995, the sale deed was unilaterally cancelled. The petitioner states that he was unaware of the execution of the deed of cancellation. Even before the cancellation deed was registered, the petitioner had already made alienations. Only from the one of the purchasers, the petitioner came to know in the year 2015 about the registration of the cancellation deed. Thereupon, the present writ petition came to be filed.
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3. The issue raised in the writ petition is no longer res integra. It is covered by the decisions of the Full Bench of this Court (2011
(2) CTC 1 (Latif Estate Line India Ltd Vs. Hadeeja Ammal) & 2022
(5) CTC 257 (Sasikala Vs. the Revenue Divisional Officer).
4. Respectfully applying the ratio laid down above, the impugned registration of the deed of cancellation dated 08.09.1995 is set aside. The Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.
02.08.2023
NCC : Yes/No Index : Yes / No Internet : Yes/ No rmi
To
The Sub Registrar, Srivaikundam, Tuticorin District.
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G.R.SWAMINATHAN, J.
rmi W.P(MD)No.15574 of 2015
02.08.2023
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