Madras High Court
Mrs.S.Chenthamarai vs The Inspector General Of ... on 3 August, 2021
W.P.No.13564 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P. No.13564 of 2005
Mrs.S.Chenthamarai .... Petitioner
Vs
1. The Inspector General of Registration,
Santhome,
Chennai-600 004.
2. The Sub Registrar,
Sembiam Registration office,
Chennai-600 011.
3.N.Boopathy .... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, praying to issue a Writ of Mandamus, directing the 2nd respondent
to delete the entries made in the encumbrance register in respect of
the property bearing Door Plot No.56/E, Ram Nagar, Peravallore,
Chennai-82 comprised in R.S.No.195, T.S.No,4/25, Block No.20 of
Peravallore village, Perambur, Purasawakkam Taluk relating to
Document No.5579/93 dated 12.11.1993 on the file of the 2nd respondent.
For Petitioner : Mr.T.S.Rajamohan
For R1 & R2 : Mr.Richardson Wilson
Government Advocate
For R3 : Not ready in notice
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W.P.No.13564 of 2005
ORDER
This Writ Petition is filed to issue a writ of mandamus,
directing the second respondent to delete the entries made in the
encumbrance register in respect of the property bearing Door Plot
No.56/E, Ram Nagar, Peravallore, Chennai-82 comprised in R.S.No.195,
T.S.No,4/25, Block No.20 of Peravallore village, Perambur,
Purasawakkam Taluk relating to Document No.5579/93 dated
12.11.1993 on the file of the second respondent.
2. The petitioner is the absolute owner of the subject property,
which was purchased from his vendor M/s. Ramaraj Estates represented
by its managing partner by a registered sale deed dated 09.11.1993 vide
registered document No.1110 of 1994. In pursuant to the sale deed, he
also obtained patta in C.A.No.216/94-95, dated 29.05.1994. While being
so, the petitioner's vendor's vendor settled the very same property in
favour of one Boopathy by a registered settlement deed dated 12.11.1993
vide registered document No.5579 of 1993. Hence, the petitioner filed a
suit in O.S.No.1945 of 1997 for declaration declaring that the settlement
deed dated 12.11.1993 as null and void and the same was allowed and
decreed in favour of the petitioner.
3. On the strength of the decree, the petitioner filed a petition
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W.P.No.13564 of 2005
before the second respondent to delete the entry made in encumbrance
register in respect of the property comprised in R.S.No.195, T.S.No,4/25,
Block No.20 of Peravallore village, Perambur, Purasawakkam Taluk,
which was purchased by him. However, the second respondent rejected
the request made by the petitioner in her communication dated
25.10.2004 stating that the entries made in the encumbrance register
cannot be removed on the strength of the ex-parte judgement and decree
and directed to cancel the ex-parte judgment and decree in the Court
below. As contemplated under Section 89 of the Registration Act, on the
strength of the Civil Court Decree, the authorities concerned liable to
make endorsement. The decree is the decree unless it is set aside by the
higher Court. Therefore, the decree obtained by the petitioner is valid
under law, since no appeal has been filed by the executor or beneficiary
of the settlement deed.
4. In view of the above, the second respondent is directed to
consider the request made by the petitioner for production of judgment
and decree in O.S.No.1945 of 1997 and pass orders on merits and in
accordance with law, after issuance of notice to counter parties, within a
period of four weeks from the date of receipt of a copy of this order.
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W.P.No.13564 of 2005
5. With the above directions, the Writ Petition is disposed of. No
costs.
03.08.2021
Index : Yes/No.
Internet : Yes/No.
Lpp
To
1. The Inspector General of Registration,
Santhome,
Chennai-600 004.
2. The Sub Registrar,
Sembiam Registration office,
Chennai-600 011.
G.K.ILANTHIRAIYAN, J
https://www.mhc.tn.gov.in/judis/
W.P.No.13564 of 2005
Lpp
W.P. No.13564 of 2005
03.08.2021
https://www.mhc.tn.gov.in/judis/
