Sithaiyan vs The Inspector General Of ...
2021 Latest Caselaw 24208 Mad

Citation : 2021 Latest Caselaw 24208 Mad
Judgement Date : 9 December, 2021

Madras High Court

Sithaiyan vs The Inspector General Of ... on 9 December, 2021

                                                                                      W.P.No.26228 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 09.12.2021

                                                          CORAM

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                   W.P.No.26228 of 2021

                     Sithaiyan                                                  ... Petitioner
                                                             Vs


                     1. The Inspector General of Registration,
                        100, Santhome High Road,
                        Chennai – 600 028.

                     2. The Sub-Registrar,
                        Office of the Sub Registrar,
                        Jalakandapuram.                                       ... Respondents

                                  Writ Petition is filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus, calling for the records
                     pertaining to the impugned order passed by the second respondent in Check
                     Slip No.1/2021 dated 20.07.2021 and quash the same and consequently
                     issue direction directing the second respondent to register preliminary
                     judgment and decree passed in O.S.No.62 of 2014 dated 24.07.2015 and
                     final decree passed in I.A.No.117 of 2016 in O.S.No.62 of 2014, dated
                     25.11.2019 on the file of the Sub Court, Sankarai.




                     1/7
https://www.mhc.tn.gov.in/judis
                                                                                   W.P.No.26228 of 2021




                                  For Petitioner      :   Mr.R.Marudhachalamurthy

                                  For Respondents     :   Mr.Yogesh Kannadasan
                                                          Special Government Pleader

                                                          ORDER

This writ petition is filed to issue a Writ of Certiorarified

Mandamus, to call for the records pertaining to the impugned order passed

by the second respondent in Check Slip No.1/2021 dated 20.07.2021 and

quash the same and consequently issue direction to direct the second

respondent to register preliminary judgment and decree passed in O.S.No.62

of 2014 dated 24.07.2015 and final decree passed in I.A.No.117 of 2016 in

O.S.No.62 of 2014, dated 25.11.2019 on the file of the Sub Court, Sankarai.

2. The petitioner filed a suit in O.S.No.62 of 2014 for partition

and other consequential relief in respect of agricultural property comprised

in S.No.13/3, ad-measuring an extent of 1.61.00 hectares in connection with

Patta No.594, situated at Vembaneri Village, Edappadi Taluk, Salem

District. The said suit was decreed by the judgment and decree dated

24.07.2015. In I.A.No.117 of 2016, a final decree was passed on

https://www.mhc.tn.gov.in/judis W.P.No.26228 of 2021

25.11.2019. The petitioner obtained certified copy of the same through his

counsel on 19.10.2020. However, the petitioner was unable to receive the

same from his counsel, in view of Covid-19 pandemic situation and curfew.

The judgment and decree the obtained by the petitioner in the month of May

2021 and presented the judgment and decree before the second respondent

for registration on 20.07.2021. However, it was returned for the reason that

it was presented belatedly quoting provisions of Section 23 of the

Registration Act, 1908 (hereinafter referred to as 'the Act' for short).

Accordingly, the document should be presented for registration within a

period of four weeks from the date of execution. In this regard, the learned

counsel appearing for the petitioner relied upon the judgment of the

Madurai Bench of this Court in W.P.(MD).No.12428 of 2021, dated

23.07.2021. The relevant portion of the order are extracted hereunder:-

“5. The above judgment will squarely apply to the facts of the present case. This Court is no uncertain terms has held that the law of limitation prescribed under Sections 23 and 25 of the Act will not apply to a Court decree, since it is not compulsory registrable.

6. In view of the settled position of law, the

https://www.mhc.tn.gov.in/judis W.P.No.26228 of 2021

third respondent is directed to register the certified copies of the decree dated 07.07.1979, passed in the suit in O.S.No.12 of 1979, on the file of the District Judge of Pudukkottai and the decree dated 14.09.1984 passed in A.S.No.829 of 1979, on the file of High Court of Judicature of Madras, submitted by the petitioner, if it is otherwise in order.”

3. It is seen that the Madurai Bench of this Court cited the

judgment in W.P.No.9686 of 2020, dated 24.07.2020 and held that the law

of limitation as prescribed under Sections 23 and 25 of the Act will not

apply to a Court decree, since it is not compulsory registrable.

4. In view of the settled position of law, the order passed by the

second respondent in Check Slip No.1 of 2021, dated 20.07.2021 is

quashed. The petitioner is directed to re-present the preliminary judgment

and decree passed in O.S.No.62 of 2014 dated 24.07.2015 and final decree

passed in I.A.No.117 of 2016 in O.S.No.62 of 2014, dated 25.11.2019 on

the file of the Sub Court, Sankarai before the second respondent. On receipt

of the same, the second respondent is directed to register and release the

same forthwith.