Kamalaveni vs The Sub Registrar
2021 Latest Caselaw 9241 Mad

                                                                           W.P.(MD) No.2522 of 2021

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 08.04.2021

                                                      CORAM:

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                             W.P.(MD) No.2522 of 2021
                                           (Through Video Conference)

                      Kamalaveni                                              ...Petitioner
                                                          Vs.


                      The Sub Registrar,
                      Office of the Sub Registrar,
                      Vallam,
                      Thanjavur District.                                     ... Respondent

                      PRAYER: Writ Petition filed under Article 226 of the Constitution of
                      India for issuance of Writ of Certiorarified Mandamus, to call for the
                      records pertaining to the Check Slip issued by the respondent in
                      RFL/Vallam Thanjavur /149/2020 dated 18.12.2020 and to quash the
                      same and consequentially direct the respondent to register the document
                      as in the manner which is presented before him.
                                         For Petitioner     : Mr.Isaac Mohanlal,
                                                              Senior Counsel
                                                              For Mr.S.Venkatesan

                                         For Respondent     : Mr.K.Sathiya Singh

                                                      ******


http://www.judis.nic.in
                      1/6
                                                                             W.P.(MD) No.2522 of 2021

                                                      ORDER

This Writ Petition has been filed challenging the impugned

refusal Check Slip issued by the respondent, wherein the respondent

refused to register the documents submitted by the petitioner on the

ground that a suit is pending in O.S.No.137 of 2020 on the file of the

First Additional District Judge (PCR), Thanjavur.

2. The case of the petitioner is that the subject property was settled

in her favour by her husband, by virtue of a registered settlement deed,

dated 16.08.2016. Thereafter, the petitioner also got her name mutated in

the revenue records. The petitioner wanted to deal with this property and

hence, she executed a sale deed on 18.12.2020 in favour of one Arokia

Arul. When this document was submitted for registration before the

respondent, the respondent refused to register the document only on the

ground that, there is a suit pending in O.S.No.137 of 2020 on the file of

the First Additional District Judge(PCR), Thanjavur. Aggrieved by the

same, the present writ petition has been filed before this Court.

3. Heard Mr.Isaac Mohanlal, learned senior counsel assisted by

Mr.S.Venkatesan and Mr.K.Sathiya Singh, learned counsel appearing on

behalf of the respondent.

http://www.judis.nic.in

W.P.(MD) No.2522 of 2021

4. The respondent has filed a counter affidavit and has taken a

stand that there is a suit pending before the competent Civil Court

touching upon the subject property and therefore, no registration can be

entertained till the disposal of the suit.

5. In the considered view of this Court, the impugned refusal

Check Slip is unsustainable in law. There is absolutely no bar for a party

dealing with the property, even during the pendency of a suit. This is of

course subject to interim orders, if any, passed during the pendency of the

suit, restraining such transfer of property. In the present case, admittedly,

no interim order has been passed.

6. The Hon'ble Supreme Court in the judgment in Hardev Singh

vs. Gurmail Singh reported in (2007) 2 CTC 78 has categorically held

that a transaction that takes place during the pendency of the suit, at the

best will be hit by the rule of Lis Pendens and the same will not

automatically result in rendering the transaction 'void' or 'illegal'. The

transaction will only be subject to the result of the litigation and the

parties will be bound by the result in the litigation. This position has been

reiterated by the Hon'ble Supreme Court in T.Ravi and another vs.

B.Chinna Narasimha and others reported in (2017) 7 SCC 342. http://www.judis.nic.in

W.P.(MD) No.2522 of 2021

7. In view of the above, the respondent ought not to have refused

to register the document only on the ground that a suit is pending before

a competent Civil Court. Such a refusal, in fact, will amount to

abdication of a statutory duty imposed on the respondent under the

relevant Enactment.

8. In view of the above discussion, this Court has absolutely no

hesitation to interfere with the impugned refusal Check Slip issued by the

respondent, dated 18.12.2020 and the same is hereby quashed. The

respondent is directed to entertain the sale deed presented for registration

and the same shall be registered, subject to payment of the stamp duty

and registration charges. The documents shall also be released after it is

registered.

9. This Writ Petition is allowed with the above directions.

However, there shall be no order as to costs.

08.04.2021 Index : Yes / No Internet : Yes

sts http://www.judis.nic.in

W.P.(MD) No.2522 of 2021

NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Sub Registrar, Office of the Sub Registrar, Vallam, Thanjavur District.

http://www.judis.nic.in

W.P.(MD) No.2522 of 2021

N.ANAND VENKATESH, J.

sts

Order made in W.P.(MD) No.2522 of 2021

Dated:

08.04.2021

http://www.judis.nic.in