Vasantha v. E. Punitha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P.No.1587 of 2024

1. Vasantha

2. E.Venugopal

3. E.Narayanan ... Appellants Vs.

1. E.Punitha

2. The District Registrar, District Registrar Office, No.12, Chairman Chidambaram Street, West Shanmugapuram Colony, Villupuram - 605 602.

3. The Joint Sub-Registrar, Registration Office, No.72, Thiru.Vi.Ka.Street, Villupuram - 605 602.

4. E.Senthilkumar

5. Mrs.Shanthi ... Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order

dated 11.02.2021 passed in W.P.No.4033 of 2017. For Appellant : Mrs.P.Kavitha For R1 : Mr.J.Agniselva Raju For R2 & R3 : Mr.B.Vijay, Additional Government Pleader For R4 : Mr.M.Yogeswaran For R5 : Not ready in notice

J U D G M E N T

(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) Unilateral cancellation of Gift deed was sought to be quashed in the writ proceedings instituted by the 1st respondent. The writ court adjudicated the issues by applying the ratio laid down by the Full Bench of this Court in the case of "Latif Estate Line India Ltd. -vs- Hadeeja Amma" reported in (2011) 2 CTC 1 and the case of "Kanniyan and other -vs- Saranya" vide order dated 24.01.2020 in W.A.No.108 of 2020. Another Full Bench of this Court also reiterated the said legal principles in the case of "Sasikala -vsRevenue Divisional Officer" reported in (2022)7 MLJ 1. Thus, the issues raised in this regard are no more res integra.

2. The learned Single Judge considered the issues with reference to the legal principles settled by two different Full Benches of this Court and therefore, we do not find any infirmity in respect of the application of law with reference to the facts established.

3. Accordingly, the Writ Appeal stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. (S.M.S.,J.) (K.R.S.,J.) 26.03.2024 skr Index : Yes Speaking order To

1. The District Registrar, District Registrar Office, No.12, Chairman Chidambaram Street, West Shanmugapuram Colony, Villupuram - 605 602.

2. The Joint Sub-Registrar, Registration Office, No.72, Thiru.Vi.Ka.Street, Villupuram - 605 602.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr 26.03.2024