There Cannot Be A Unilateral Cancellation Of Sale Deed: Kerala High Court

The Kerala High Court has reiterated that a sale deed cannot be cancelled unilaterally.

The Court was considering a Writ-Petition against unilateral cancellation of sale deed by the person who sold the property to the petitioner.

The single-bench of Justice Gopinath P. observed, "Thus it is clear that there cannot be a unilateral cancellation of Ext.P.1 Sale Deed. Accordingly, on the ratio of the decisions referred to above, the writ petition is allowed by directing the 5th respondent to register the original of Ext.P5, in accordance with the law, uninfluenced in any manner by Ext.P7 and in compliance with all other legal formalities."

The Petitioner was represented by Advocate Arun Mathew Vadakkan while the Respondent was represented by Advocate General.

Facts of the Case

The Petitioner was stated to be the absolute owner and in possession of 17 Ares of land comprised in old Survey. It was purchased by the petitioner registered sale deed and thereafter, was mutated in his name. The grievance of the Petitioner was that the sale deed executed by the Petitioner in respect of the very same property was not accepted for registration on account of the fact that the person, who sold the property to the petitioner had cancelled the sale.

Counsel for the Petitioner relied on Satya Pal Anand v. State of M.P. to contend that there cannot be a unilateral cancellation of the sale deed executed on without notice to the petitioner. It was submitted that no circumstances for unilateral cancellation of the sale deed are available in the facts of the present case and the petitioner is not even aware of the cancellation. It was submitted that the property has been in continuous possession and enjoyment of the petitioner since execution of the Sale Deed and still continues to be.

Reasoning By Court

The Court noted that the legal issue in the writ petition is squarely covered in favour of the petitioner. It accordingly stated that there cannot be a unilateral cancellation of Ext.P.1 Sale Deed.

The Petition was accordingly allowed.

Cause Title: Ammini vs. The State of Kerala (2024:KER:67397)

Appearances:

Petitioner- Advocate Arun Mathew Vadakkan, Advocate Padayattee Yeldo

Respondent- Advocate General, Senior Government Pleader Thushara James

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