Madras High Court
M.Mohammed Iqbal vs Abdul Gani on 5 February, 2021
W.A.(MD)No.257 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)No.257 of 2021
and CMP(MD) No.823 of 2021
M.Mohammed Iqbal :Appellant
Vs.
1.Abdul Gani
2.The District Registrar,
District Registrar Office,
Thanjavur
3.The Sub Registrar,
Sub Registrar Office,
Ayyampettai
Thanjavur District. : Respondents
PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
order of this Court in W.P.(MD) No.3728 of 2019 dated 03.04.2019.
For Appellant : Mr.K.Guhan
For Respondent : Mr.K.Sathiya Singh for R2 & R3
Additional Government Pleader
Mr.P.Vadivel for R1
1/5
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W.A.(MD)No.257 of 2021
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant, who after seeking
leave challenging the order of the learned Judge, by which a direction was
issued to the official respondents to register the document presented before
him, without taking note of the pendency of the civil suits.
2. The learned counsel for the appellant submitted that as an
agreement holder, he got a decree against the owner of the property. The
Execution Petition is pending. This property is also subject matter of the
civil suit, though it is not specifically mentioned thereunder. To get over the
technical hitch, the appellant has also filed another suit in O.S.No.31/2019,
which is also pending on the file of the Sub Court, Kumbakonam.
3. The learned counsel for the respondent submitted that the first
respondent prescribed the title from the third party. He purchased the
property in the year 2015. Thereafter he has sold in favour of Nazima Afrin
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W.A.(MD)No.257 of 2021
W/o.Shahul Hameed. The appellant has also filed a suit. The registering
authority has no powers to decline registration. Hence, the appeal deserves
to be dismissed.
4.We do not find any reason to interfere with the order of the learned
Single Judge. The registering authority does not have any right of
adjudication deciding inter se title between the parties concerned. Mere
registration per se will not take away the right of the appellant from getting
a decree. After-all the respondent writ petitioner seeking title from a
different person than the defendant in O.S.No.18/2018. In such view of the
matter, while confirming the order of the learned Judge, we make it clear
that any registration will not have any bearing on the respective contentions
of the parties in the pending suit. The writ appeal stands dismissed
accordingly. No costs. Consequently connected Miscellaneous Petition is
closed.
[M.M.S., J.] & [S.A.I, J.]
05.02.2021
Index : Yes/No
Internet : Yes
RR
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W.A.(MD)No.257 of 2021
To
1.The District Registrar,
District Registrar Office,
Thanjavur
2.The Sub Registrar,
Sub Registrar Office,
Ayyampettai
Thanjavur District.
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W.A.(MD)No.257 of 2021
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
Order made in
W.A.(MD)No.257 of 2021
05.02.2021
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