Madras High Court
Gayathre Rajan vs The Sub Registrar on 2 February, 2021
W.P.No.1983 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2021
CORAM : JUSTICE N.SESHASAYEE
W.P.No.1983 of 2021
Gayathre Rajan ... Petitioner
Vs
The Sub Registrar
Avalpoondurai Registrar Office
Avalpoondurai
Palani – Erode Road
Tamil Nadu – 638 115. ... Respondent
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus directing the respondent to register
the common compromise decree passed in the suits in O.S.No.189/2010
and O.S.No.158/2012 dated 24.01.2020.
For Petitioner : Mr.K.K.Murralitharan
For Respondent : Mr.T.M.Pappiah
Special Government Pleader
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W.P.No.1983 of 2021
ORDER
The petitioner approached the Sub Registrar, Avalpoondurai Registrar
Office, the respondent herein to register the common compromise decree
in O.S.No.189/2010 and O.S.No.158/2012 dated 24.01.2020, but the
Sub-Registrar has issued a refusal check slip dated 03.11.2020 indicating
that the document was belatedly presented for registration.
2. Heard Mr.K.K.Murralitharan, learned counsel for the petitioner and
Mr.T.M.Pappiah, learned Special Government Pleader for the
respondents, and perused the documents.
3. The learned counsel for the petitioner brought to the notice of this
Court in a judgment of this Court in K.Dhayanidhi vs. State of Tamil
Nadu [2020 (2) TNCJ 737(Mad)], wherein, the Court has held, after
relying on the judgment of the Division Bench of this Court in
S.Sarvothaman v. The Sub Registrar at Oulgaret, Puducherry
[ 2019(3)MLJ 517 = AIR 2019 Mad 125] that registering a decree of the
Court is an optional registration and hence, the limitation prescribed
under Sections 23 and 25 of the Act, would not apply.
https://www.mhc.tn.gov.in/judis/
W.P.No.1983 of 2021
4. The learned Special Government Pleader appearing for the
respondents would submit that the Registration Act gives exception in
the document and hence, the Sub-Registrar has refused to register the
document.
5. The law declared by the Division Bench of this Court in
S.Sarvothaman case cited supra, has settled the issue. The registration
of a decree is only optional under Section 17(2) of the Registration Act,
and therefore, the limitation prescribed under Section 23 of the Act, and
the power to condone the delay after four months as provided under
Section 25 of the Act, may not apply. There is however one exception to
the rule in that, as per Section 17(2)(vi) of the Registration Act, where in
a compromise decree, any properties other than the subject matter of the
suit (in which compromise decree is passed) is included, then such
compromise decree has to be registered under Section 17(1) of the Act.
Therefore, except the category of compromise decrees as mentioned in
Section 17(2)(vi) of the Registration Act, for all other categories of
decrees, the Registering Authority has to register the same without
reference to any limitation.
https://www.mhc.tn.gov.in/judis/
W.P.No.1983 of 2021
6. So far as the decree required to register in the present petition is
concerned, the subject to what is herein above stated, the Registering
Authority is required to register the same. The petition is allowed in the
manner indicated. No costs.
02.02.2021
ds
Index : Yes / No
Internet : Yes / No
Speaking Order / Non-speaking Order
To:
The Sub Registrar
Avalpoondurai Registrar Office
Avalpoondurai
Palani – Erode Road
Tamil Nadu – 638 115.
https://www.mhc.tn.gov.in/judis/
W.P.No.1983 of 2021
N.SESHASAYEE.J.,
ds
W.P.No.1983 of 2021
02.02.2021
https://www.mhc.tn.gov.in/judis/
