V.Manujunathan vs The District Registrar
2021 Latest Caselaw 16074 Mad

                                                           1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATE: 6.8.2021.

                                                        CORAM

                                      THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN

                                                 W.P.No.11775 of 2021

                     V.Manujunathan                                           Petitioner

                                     vs.

                     1. The District Registrar,
                        Registration Department,
                        Tiruppur 641 666.

                     2. The Sub Registrar,
                        Registration Department,
                        Palladam 641 664.                                     Respondents

                           Writ Petition filed under Article 226 of the Constitution of India
                     seeking to issue a writ of certiorarified mandamus calling for the
                     records relating to the impugned Refusal Check Slip dated 21.4.2021
                     on the file of the second respondent herein, quash the same and
                     consequently direct the 2nd respondent herein to register the Decree
                     dated 31.1.2019 passed in O.S.No.15 of 2015 on the file of the District
                     Munsif Court, Palladam.

                               For Petitioner   : Mr.K.Govi Ganesan

                               For Respondents : Mr.K.M.D.Muhilan


                                                         ORDER

The writ petition has been filed seeking a writ of certiorarified

mandamus to quash the Refusal Check Slip issued by the second

https://www.mhc.tn.gov.in/judis/

respondent Sub Registrar, Palladam dated 21.4.2001 refusing to

register the decree in O.S.No.15 of 2015 dated 31.1.2019 claiming

that it had been presented beyond the period of limitation as

prescribed in Section 23 of the Registration Act, 1908.

2. The issue is no longer res integra in view of a series of

judgments rendered by this court wherein it had been very clearly

stated that the issue of limitation cannot be held against the

presentation of a Court decree before the Registrar.

3. On a careful reading of Section 23 of the Indian Registration

Act, it could be seen that even though it would include a word 'decree',

it would indicate that when there is an addition of a property as shown

in the schedule given in the plaint and the decree actually obtained,

then the Registrar can insist on the period of limitation, but, where the

decree is in conformity with the plaint schedule, then the issue of

limitation cannot be a bar and the decree presented for registration

cannot be refused to be registered.

4. A series of judgments in this regard has been passed and I

can cite a judgment dated 29.7.2021 in W.P.Nos.4591 of 2020, 13022

of 2021 and batch rendered by Justice V.Bharathidasan (Mani @

Devarasu v. The District Registrar, Dharmapuri & another).

https://www.mhc.tn.gov.in/judis/

5. I would fully agree with the finding in the said Judgment and

direct for registration of the decree in O.S.No.15 of 2015 dated

31.1.2019 by the second respondent. The check slip issued by him is

interfered with and is set aside. The writ petitioner herein may

present the said decree for registration following the due process of

law and I am confident that the second respondent would register the

same and also release the document. No further orders are required

in this writ petition. It is, accordingly, allowed. No order as to costs.

6.8.2021.

Index: Yes/No.

Internet: Yes/No.

ssk.

To

1. The District Registrar, Registration Department, Tiruppur 641 666.

2. The Sub Registrar, Registration Department, Palladam 641 664.

https://www.mhc.tn.gov.in/judis/

C.V.KARTHIKEYAN, J.

Ssk.

W.P.No.11775 of 2021

6.8.2021.

https://www.mhc.tn.gov.in/judis/