Madras High Court
A.Antony Joseph vs The Sub-Registrar on 21 June, 2021
W.P.(MD).No.10377 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.06.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.10377 of 2021
A.Antony Joseph ...Petitioner
Vs.
1. The Sub-Registrar,
Valliyoor,
Tirunelveli.
2. P.Rathi Pushpam
3. P.Vijayakumar .... Respondents
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the first respondent to release the
original sale deed registered before the first respondent in pending Document
No.4 of 2021, dated 10.06.2021 to the petitioner within the time fixed by this
Court.
For Petitioner : Mr.H.Arumugam
For R1 : Mr.R.Sureshkumar
Government Advocate
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus directing the first respondent to release the original sale deed
registered on 10.06.2021 within the time limit stipulated by this Court.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.10377 of 2021
2. The case of the petitioner is that the third respondent entered
into an agreement of sale with the second respondent on 11.12.2020.
According to the petitioner, the third respondent did not fulfil his obligation
in the sale agreement. Hence, the second respondent came forward to sell a
portion of the property to the petitioner for a total sale consideration of
Rs.75 Lakhs. It is stated that the petitioner has paid the entire sale
consideration and a sale deed was executed in his favour by the second
respondent on 10.06.2021 and it was presented for registration before the first
respondent on the same date. The grievance of the petitioner is that the
document was registered and it was kept pending based on the objections
received from the third respondent on the ground that the third respondent is
an agreement holder. Based on the objections made by the third respondent,
the first respondent also called the parties for an enquiry through notice,
dated 10.06.2021. The apprehension of the petitioner is that the first
respondent wants to send the parties before a Civil Court without registering
and releasing the document only based on the objections made by the third
respondent, who is an agreement holder. Aggrieved by the same, the present
Writ Petition has been filed before this Court.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.10377 of 2021
3. Heard Mr.H.Arumugam, learned counsel appearing for the
petitioner and Mr.R.Suresh Kumar, learned Government Advocate appearing
for the first respondent.
4. The issue raised by the learned counsel appearing for the
petitioner has been dealt with by the Hon'ble Division Bench of this Court in
the case of N.Ramayee Vs. Sub Registration Department, Valapady, Salem
reported in 2020 5 LW 385. The Division Bench has categorically held that a
mere agreement of sale by itself cannot be a bar for the owner of the property
to deal with his property and at the best, such a transaction can be subjected
to the final result of the suit instituted by the agreement holder seeking for the
relief of specific performance. This Judgment has been followed by this
Court in many subsequent orders passed by this Court and one such order
was brought to the notice of this Court by the learned counsel appearing for
the petitioner in W.P.(MD).No.6389 of 2020, dated 20.07.2020.
5. In view of the above discussion, if the first respondent has
conducted the enquiry only based on the objections made by the third
respondent that he is an agreement holder and therefore, the second
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.10377 of 2021
respondent cannot deal with the property and execute a sale deed in favour of
the petitioner, such an objection is un-sustainable, in view of the Judgment
referred supra. The third respondent must necessarily be directed to work
out his remedy only before the competent Civil Court by filing a suit for
specific performance.
6. In view of the above, the first respondent shall take into
consideration the findings made by this Court in this Writ Petition and shall
register the sale deed, dated 10.06.2021, if it is otherwise in order and the
necessary stamp duty and registration charges have been paid.
7. This Writ Petition is disposed of with the above directions.
No costs.
21.06.2021
Internet : Yes/No
Index : Yes/No
tsg
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.10377 of 2021
NOTE:
In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes, but,
ensuring that the copy of the order that is presented is the correct
copy, shall be the responsibility of the advocate/litigant
concerned.
To
The Sub-Registrar,
Valliyoor,
Tirunelveli.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.10377 of 2021
N.ANAND VENKATESH, J.,
tsg
Order made in
W.P.(MD).No.10377 of 2021
Dated:
21.06.2021
https://www.mhc.tn.gov.in/judis/
