Kothanda Naidu vs R.Padamchand Jain
2021 Latest Caselaw 12078 Mad

                                                                              W.A.No.26 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 21.06.2021

                                                        CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                 W.A.No.26 of 2020

                     1.Kothanda Naidu
                     2.Venkatesa Naidu
                     3.Sudhakar                                                    .. Appellants

                                                         Vs

                     1.R.Padamchand Jain

                     2.The District Registrar Chennai North
                       No.1, Moorthikal Lane, 1st Lane Beach,
                       Chennai - 600 001.

                     3.The Sub Registrar
                       Arani Sub-Registration Office,
                       No.3,S.P.Koil Street,
                       Arani, Ponneri Taluk,
                       Tiruvallur District.                                    .. Respondents

                          Appeal filed under Clause 15 of Letters Patent against the order
                     dated 26.07.2019 made in W.P.No.10039 of 2019.

                               For Appellants       :     Mr.N.Manoharan
                                                          for Mr.P.Krishnan

                               For Respondents      :     Mr.R.Munusamy for R1
                                                          Mr.S.John J.Raja Singh
                                                          Government Counsel
                                                          for R2 and R3


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis/
                                                                                W.A.No.26 of 2020




                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the appellant being the first

respondent in the writ petition, aggrieved by the observation made by

the learned Single Judge, while dismissing the writ petition qua the

prayer sought for, inter alia, holding that in view of the rigour of

Section 52 of the Transfer of Property Act, duty is enjoined upon the

parties to obtain prior permission for transferring or otherwise dealing

with the property in question.

2. The aforesaid observation, apart from being not germane to

the relief sought for in the writ petition, is also contrary to law. Section

52 of the Transfer of Property Act speaks of the effect of alienation

meaning thereby there is no prior permission for alienation. In any

case, two suits have been filed by the first respondent being the writ

petitioner stated to be pending in O.S.Nos.44 of 2018 and 55 of 2019

on the file of the District Munsif cum Judicial Magistrate, Uthukottai

and Principal District and Sessions Judge, Tiruvallur. The earlier suit in

O.S.No.44 of 2018 has been transferred to the District Court, Tiruvallur

and re-numbered.

https://www.mhc.tn.gov.in/judis/ W.A.No.26 of 2020

3. In such view of the matter, the observation made by the

learned Single Judge on the scope and applicability of Section 52 of the

Transfer of Property Act stands eschewed and to that extent, the writ

appeal is allowed. However, we make it clear that our order will not

stand in the way of the parties seeking appropriate orders in the

pending suits.

4. The writ appeal stands allowed to the extent indicated above.

No costs.

                                                                 (M.M.S., J.)    (R.N.M., J.)
                                                                         21.06.2021
                     Index:Yes/No
                     mmi/ssm


                     To

1.The District Registrar Chennai North No.1, Moorthikal Lane, 1st Lane Beach, Chennai - 600 001.

2.The Sub Registrar Arani Sub-Registration Office, No.3,S.P.Koil Street, Arani, Ponneri Taluk, Tiruvallur District.

https://www.mhc.tn.gov.in/judis/ W.A.No.26 of 2020

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.26 of 2020

21.06.2021

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