Poongodi vs The Sub-Registrar
2021 Latest Caselaw 24692 Mad

                                                                                      W.P.No.18837 of 2021

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 15.12.2021

                                                           CORAM

                             THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                    W.P.No.18837 of 2021

                     Poongodi                                                   ... Petitioner
                                                             Vs

                     1. The Sub-Registrar,
                        Avinashi,
                        Tiruppur District

                     2. K.Subramani                                           ... Respondents

                                  Writ Petition is filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Certiorarified Mandamus, to call for the entire
                     records relating to the impugned refusal check slip order dated 16.08.2021
                     in RFL/Avinashi/17/2021 in Na.Ka.232/2021 on the file of the first
                     respondent herein and quash the same and consequential direct the first
                     respondent herein to register the Memorandum of Deposit of Title Deeds
                     dated 16.08.2021 presented by the petitioner herein.


                                  For Petitioner       :   Mr.L.Mouli

                                  For Respondents      :Mr.Yogesh Kannadasan
                                                        Special Government Pleader (for R1)
                                                      : Mr.Mohamed Riyaz (for R2)

                     1/7


https://www.mhc.tn.gov.in/judis
                                                                                    W.P.No.18837 of 2021



                                                           ORDER

This writ petition is filed to issue a Writ of Certiorarified

Mandamus, to call for the entire records relating to the impugned refusal

check slip order dated 16.08.2021 in RFL/Avinashi/17/2021 in

Na.Ka.232/2021 on the file of the first respondent herein and quash the

same and consequentially direct the first respondent herein to register the

Memorandum of Deposit of Title Deeds dated 16.08.2021 presented by the

petitioner herein.

2. The petitioner owned the property in Plot No.3/29(5) ad-

measuring an extent of 1430 sq.ft comprised in S.F.No.283/1, situated at

Perumanallur Village, Tiruppur Taluk as per the registered sale deed dated

27.09.2000, vide Document No.3916 of 2000. On 30.11.2010, the petitioner

executed a General Power of Attorney in favour of one R.Vijayakumar,

registered vide Document No.3023 of 2010. Thereafter, the petitioner

cancelled the said Power of Attorney on 05.03.2012, registered vide

Document No.246 of 2012. However, when the petitioner was verifying the

encumbrance, he came to know that the Power of Attorney Holder already

https://www.mhc.tn.gov.in/judis W.P.No.18837 of 2021

had executed agreement for sale dated 18.03.2011, registered vide

Document No.14501 of 2011 in favour of the second respondent. The said

agreement for sale was executed without knowledge of the petitioner.

However, the said agreement for sale has not been cancelled by the second

respondent.

3. Thereafter, the petitioner approached ICICI Bank for personal

loan by mortgaging the subject property and executed Memorandum of

Deposit of Title Deeds dated 16.08.2021 in favour of the said ICICI Bank

and presented it for registration, after payment of necessary stamp duty and

registration fees on 16.08.2021. However, the first respondent issued the

impugned check slip and refused to register the same for the reason that,

already registered the agreement for sale dated 18.03.2011, in respect of the

property was executed vide Document No.14501 of 2011 and without

cancelling the same, the registration cannot be done. In this regard, the

learned counsel for the petitioner relied upon the judgment of the Hon'ble

Division Bench of this Court reported in 2020 (6) CTC 697 (N.Ramayee vs.

Sub-Registration, Registration Department), in which this Court held that

https://www.mhc.tn.gov.in/judis W.P.No.18837 of 2021

merely because of agreement for sale is registered without obtaining decree

of declaration, such agreement is void and subsequent transfer is prohibited

and the document cannot be registered. Therefore, the Sub-Registrar

concerned has no right to refuse to register the subsequent document on the

basis that agreement for sale was already registered in respect of the subject

property.

4. In view of the above, the impugned check slip cannot be

sustained and it is liable to be quashed. Accordingly, the impugned check

slip dated 16.08.2021 is hereby quashed. The first respondent is directed to

register the Memorandum of Deposit of Title Deeds, which was presented

for registration dated 16.08.2021 and release the same forthwith. It is

needless to say that at any event subsequent transfer will always be subject

to the rights already created.

5. In the result, this Writ Petition is allowed. No costs.

15.12.2021 kv Index:Yes/No Speaking Order: Yes

https://www.mhc.tn.gov.in/judis W.P.No.18837 of 2021

To

1. The Sub-Registrar, Avinashi, Tiruppur District

https://www.mhc.tn.gov.in/judis W.P.No.18837 of 2021

G.K.ILANTHIRAIYAN, J.

kv

W.P.No.18837 of 2021

https://www.mhc.tn.gov.in/judis W.P.No.18837 of 2021

15.12.2021

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