Madras High Court

Sirajnisha vs The District Registrar on 8 October, 2021

                                                                                     W.P.No.21808 of 2021


                            IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                     DATED: 08.10.2021
                                                         CORAM:
                   THE HONOURABLE Mrs. JUSTICE V. BHAVANI SUBBAROYAN
                                                  W.P.No.21808 of 2021
                                              and W.M.P.No.22996 of 2021
                                               (Through Video Conference)

               Sirajnisha                                                            .. Petitioner

                                                           Versus

               1. The District Registrar,
                  Office of the District Registrar,
                  Thiruppur, Thiruppur District.

               2. The Joint -1 Sub Registrar,
                  Office of the District Registrar,
                  Thiruppur, Thiruppur District.                          .. Respondents
               PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
               praying to issue a Writ of Certiorarified Mandamus, calling for the records of
               the proceedings Refusal No.RFL/1 Joint Sub Registrar Thiruppur/41/2021
               dated 19.08.2021 on the file of the second respondent, pertaining to the issue of
               registration of final decree dated 28.09.20211 passed in I.A.No.85 of 2010 in
               O.S.No.85 of 2010 in O.S.No.117 of 2009 by the Principal District Court
               Coimbatore, quash the same, further direct the second respondent to register
               said final decree.
                                   For Petitioners          : Mr.C.D.Sugumar
                                   For Respondent           : Mr.Yogesh Kannadasan
                                                              Government Advocate



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                                                                                 W.P.No.21808 of 2021




                                                 ORDER

This writ petition has been filed for issuance of Writ of Certiorarified

Mandamus to call for the records on the file of the second respondent

pertaining to the issue of registration of final decree dated 28.09.2011 passed in

I.A.No.85 of 2010 in O.S.No.117 of 2009 by the Principal District Court,

Coimbatore.

2. The grievance expressed by the petitioner is that when the decree was

presented for registration before the respondents, the same was refused to be

received on the ground that it has been filed beyond the period of limitation

provided under the Registration Act.

3. Heard Mr.C.D.Sugumar, learned counsel appearing for the petitioner

and Mr.Yogesh Kannadasan, learned Government Advocate appearing on

behalf of the respondents and perused the materials available on record.

4. The issue involved in the present writ petition is covered by the

earlier order passed by this Court in W.P.No.9686 of 2020 dated 24.07.2020.

The relevant portions of the order are extracted hereunder:-

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"5. The issue that is involved in the present writ petition is squarely covered by the Division Bench judgment in S.Sarvothaman Vs. Sub Registrar in W.A.No.336 of 2019 dated 07.02.2019. The relevant portions in the judgment is extracted hereunder:-

13. As pointed out by us earlier, we need to first address the legal issue, which arises for consideration as to whether at all the law of limitation as prescribed under Section 23 of the Act would apply to a court decree.

14. This question is no longer res integra and this Court has consistently held that the law of limitation will not apply when a court decree is presented for registration. Earliest of the decisions, which has been followed consistently by a Division Bench of this Court is in the case of A.K. Gnanasankar Vs Joint Sub Registrar, Cuddalore reported in 2007 (2) TCJ 68]. In the said decision, this Court held that the limitation prescribed for presenting a document does not apply to decree, as it is a permanent record of the court and register the same, no limitation is prescribed.

15. This decision was followed by one of us (TSSJ) in W.P.No.9352 of 2015 dated 31.3.2015 [B.Vijayan Vs.

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W.P.No.21808 of 2021

District Registrar & another]. Subsequently, a similar view had been taken by this Court in W.P.No.8247 of 2016 dated 07.3.2016 [G.Mudiyarasan & another Vs. Inspector General of Registration], which once again relied upon the decision in the case of A.K.Gnanasankar. Further, in the case of Arun Kumar Vs. Inspector General of Registration [W.P.No.16569 of 2016 dated 06.6.2016], this Court directed registration of a judgment and decree passed by the Principal District Munsif Court, Salem by condoning the delay on an application filed by the person presenting the document and in that decision, this Court referred to the decision in the case of Rasammal Vs.Pauline Edwin & others [reported in 2011 (2) MLJ 57] wherein the Court considered the scope of Section 25 of the Act.

16. Again, in the case of P.A.Duraisamy Vs.Registrar, Registration Department, Coimbatore & another [W.P.No.2824 of 2013 dated 26.10.2016], an identical view had been taken following the decision in the case of A.K.Gnanasankar. A similar view was taken in the case of Lakshmi Vs. Sub~Registrar, Valapady, Salem District [reported in 2017 (1) LW 721] wherein it was pointed out that the Proviso to Section 23 of the Act states that a copy of the decree may be presented within four months from the date, on which, the decree or order was made or where it is appealable, within four months from the day, on which, it

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W.P.No.21808 of 2021

becomes final, that the limitation prescribed under Section 23 of the Act should be read within consonance with Section 25 of the Act and that since they were only directory in nature, the check slip issued by the respondent therein was held to be bad in law.

17. In the case of A1362 Meenakshi Cooperative Building Society Ltd. Vs. District Registrar & Others [WP (MD) No.5108 of 2018 dated 12.4.2018], this Court followed the decision in the case of A.K. Gnanasankar and directed registration of the court decree. In yet another decision in the case of Dr.Sulochana Vs. Inspector General of Registration [reported in 2017 (2) CWC 489], this Court held that registration is only a part of procedural law and that though the Statute is fiscal, the doctrine of purposive and reasonable interpretation has application. This Court took note of the decision of the Karnataka High Court in the case of Anjinamma Vs.Puttahariyappa [reported in AIR 2003 Karnataka 24].

18. The Hon'ble Supreme Court in the case of Shreenath Vs. Rajesh [reported in 1998 (4) SCC 543], held that in interpreting any procedural law, when more than one interpretation is possible, the one, which curtails the procedure without eluding justice, is to be adopted, that the procedural law is always subservient to and is in aid of

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W.P.No.21808 of 2021

justice and that any interpretation, which eludes or frustrates the recipient of justice, is not to be followed.

19. A Full Bench of the Andhra Pradesh High Court in the case of Padala Satyanarayana Murthy Vs. Padala Gangamma [reported in AIR 1959 AP 626] answered a reference as to whether Section 77 of the Indian Registration Act bars a suit on the basis of an unregistered Will, when the Sub Registrar refused to admit it for registration. It was held that Section 17 of the Act enumerates the documents, which require registration and the effect of failure to observe it is stated in Section 47 and that under Section 18(c) of the Act, the registration of a Will is purely optional and that being so, the Full Bench expressed that they did not think that the consequences contemplated by Section 49 would flow from not having recourse to Section 77 of the Act. It was further held that a party cannot be compelled to get document registered if such an obligation is not cast by the provisions of the Registration Act, that the necessity for registration arises only in regard to document set out in Section 17, that no penalty can attach to the omission to get a document registered when it is excepted by Section 17 and that therefore, the Full Bench felt that Section 77 can have relation only to instrument falling within the ambit of Section 17.

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20. The decision in the case of Padala Satyanarayana Murthy was followed by the Allahabad High Court in the decision in the case of Rama Pati Tiwari Vs. District Registrar, Allahabad [reported in AIR 2009 Allahabad 102].

21. By applying the decision in the case of Padala Satyanarayana Murthy to the facts of the case, the only conclusion that could be arrived at is that a court decree is not compulsorily registrable and that the option lies with the party. In such circumstances, the law laid down by this Court clearly states that the limitation prescribed under the Act would not stand attracted.”

5. The above judgment will squarely apply to the facts of the present

case. This Court in uncertain terms has held that the law of limitation

prescribed under Sections 23 and 25 of the Act will not apply to a Court decree,

since it is not compulsory registerable.

6. In view of the settled position of law, the impugned order in RFL/1

Joint Sub Registrar Thiruppur/41/2021 dated 19.08.2021 is quashed and the

second respondent is directed to register the final decree dated 28.09.2011

passed in I.A.No.85 of 2010 in O.S.No.117 of 2009 on the file of the Principal

District Court, Coimbatore.

V. BHAVANI SUBBAROYAN, J.,

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W.P.No.21808 of 2021