Madras High Court
K.P.Ranganathan vs The Sub Registrar on 9 August, 2021
W.P.No.16516 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2021
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No. 16516 of 2021
K.P.Ranganathan ..Petitioner
Vs
The Sub Registrar
Aroor
Dharmapuri District ..Respondent
Prayer: Writ Petition is filed under Article 226 of Constitution of India
for writ of Mandamus, directing the respondent to receive the sale
deed dated 8.4.2021 executed in favour of the petitioner by his
vendors in respect of Survey No. 63/4 measuring an extent 0.15
hectares of Aroor Village Dharmapuri District within a stipulated time.
For Petitioner : Mr.R.Ezhilarasan
For Respondent : Mr.Yogesh Kannadasan, GA
ORDER
The writ petition has been filed in the nature of mandamus
seeking direction to the respondent/Sub Registrar, Aroor, Dharmapuri
District to receive the property sale deed dated 08.04.2021 and to
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W.P.No.16516 of 2021
register the same provided it is otherwise in order with respect to the
compliances regarding stamp duty and registration charges. The Sub
Registrar had refused to receive the said documents stating that an
agreement of sale has been executed with respect to the same
property, which agreement of sale, was on 31.01.1992. The vendors
of the petitioner gave a representation dated 15.02.2021 claiming that
they were not directly involved in the agreement of sale which had
been entered into between two third parties. Even a reading of the
agreement would show that the terms of the performance had expired
within a period of three months from the date of the said agreement.
However, it appears that the respondent/Sub Registrar, Aroor,
Dharmapuri District had taken a stand that since there is a registered
agreement of sale staring on the face of the writ petitioner and his
vendors, he could not take on record the sale deed presented for
registration. He refused to register the same. This necessitated the
writ petitioner to file the present writ petition.
2. The facts have been stated in brief. The law in the matter is
no longer res-integra. On reference of divergent views expressed by
two learned single Judges of this Court, the Division Bench of this
Court in N.Ramayee Vs. The Sub Registrar, Valapady, Salem District,
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W.P.No.16516 of 2021
reported in 2020 (6) CTC 697 had held that a registered document in
the encumbrance certificate pertaining to an agreement of sale would
not be a bar to register a sale deed. It has been specifically answered
that the agreement of sale necessitates the performance of the said
agreement and a contract of sale as given under Section 104 of
Transfer of property Act 1882 does not create any charge or interest
over the property.
3. The learned counsel for the petitioner herein may also forward
a copy of the said judgment to the Sub Registrar Aroor, Dharmapuri
District, and insist that the document now presented for registration
should be registered, provided it is otherwise in order. A mandamus is
also issued by this Court directing the Sub Registrar, Aroor,
Dharmapuri District to receive the sale deed presented for registration
dated 08.04.2021 and register the same and he should not go to back
on the sole ground that the agreement of sale of the year 1992 is
reflected in the encumbrance.
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W.P.No.16516 of 2021
C.V.KARTHIKEYAN, J.
ak
4. With the above observation, the writ petition is allowed. No
costs.
09.08.2021
Index: Yes / No
Internet: Yes
ak
To
The Sub Registrar
Aroor
Dharmapuri District
W.P.No. 16516 of 2021
09.08.2021
https://www.mhc.tn.gov.in/judis/
