Madras High Court
R.Sathiya vs The District Registrar on 28 October, 2021
W.P.No. 13470 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P.No. 13470 of 2019
R.Sathiya ..Petitioner
Versus
1. The District Registrar,
District Registrar Office,
Salem District.
2. The Sub Registrar,
Sub Registrar Office,
Attur Town and Taluk,
Salem District.
3. M. Sedhapatti ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, praying
to issue a Writ of Mandamus, directing the 2nd respondent herein to register
the Doc.No.85/18 on the file of the 2nd respondent in favour of the petitioner
in accordance with law within time frame fixed by this Court .
For Petitioner : Mr.A.S. Ragul Adhithya
For Mrs.P.T.Ramadevi
For Respondents : Mr.Yogesh Kannadasa (For RR1&2)
Government Advocate
: Mr.R. Neelakandan (For R3)
https://www.mhc.tn.gov.in/judis
W.P.No. 13470 of 2019
ORDER
Heard Mr.A.S. Ragul Adhithya, learned counsel appearing for the
petitioner, Mr.Yogesh Kannadasan learned Government Advocate appearing
on behalf of the first and second respondents and Mr.R.Neelakandan, learned
counsel appearing for the third respondent.
2. The petitioner has presented the Document No.85/18 before the
second respondent to register the said document, but, he was refused to
register the same bearing Receipt No.12162/2018, dated 31.10.2018 due to
some litigation in connection with the aforesaid properties before the District
Munsif Court, Attur in O.S.No.26/2016 and an interim injunction has also
been granted in I.A.No.111/2016. Hence this petition.
3. The issue raised in this writ petition is squarely covered by the
earlier decision passed by this Court wherein an identical issue was
considered. At this stage, it will be useful to refer the operative portion of the
said order passed by this Court dated 01.09.2014 in W.P.(MD) No.14388 of
2014:
"4. Section 71 of the Registration Act, 1908
deals with reasons for refusal to register which has
to be recorded. In terms of Sub Section (1) of
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W.P.No. 13470 of 2019
Section 71, every Sub Registrar refusing to register a
document, except on the ground that the property to
which it relates is not situate within his Sub District,
shall make an order of refusal and record his reasons
for such order in his Book No.2 and endorse the
words ''registration refused'' on the document, and
on application made by any person executing or
claiming under the document, shall, without
payment and unnecessary delay, give him a copy of
the reasons so recorded. In terms of Sub Section (2),
no registering officer shall accept for registration a
document so endorsed unless and until, under the
provisions hereinafter contained, the document is
directed to be registered.
5. In such circumstances, merely because
there is an order of attachment passed by a Civil
Court, the same cannot be a ground to refuse to
register the Memorandum of Deposit of Title Deeds.
If any deposit of title deeds is created in respect of
the said property pursuant to the right acquired by
the petitioner, vide Settlement deed, dated
04.07.2011, it is always subject to further orders to
be passed by the Civil Court. The petitioner's case is
that she acquired title by way of settlement deed
dated 04.07.2011, much prior to the order of
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W.P.No. 13470 of 2019
attachment. Further, the learned counsel appearing
for the petitioner placed reliance on Order 38, Rule
10 CPC stating that attachment before Judgment
shall not affect the rights, existing prior to the
attachment, of persons not parties to the suit, nor bar
any person holding a decree against the defendant
from applying for the sale of the property under
attachment in execution of such decree. The lending
bank namely, Canara Bank, Vadamadurai if satisfies
with the title of the petitioner over the property, can
request the Registrar to register the document. In
such circumstances, merely because an order has
been passed by the Civil Court effecting attachment,
cannot be a bar for entertaining a document for
registration. Hence, the reasons assigned by the
respondent refusing to register, vide his memo,
dated 25.07.2014, is not in accordance with law
beyond the scope of Section 71 of the Act.
6. For the above reasons, the writ petition is
allowed and the respondent is directed to accept the
Memorandum of Deposit of Title Deeds dated
24.07.2014 and register the same within a period of
four weeks from the date of receipt of a copy of this
order. It is made clear that mere registration of the
Memorandum of Deposit of Title Deeds will not in
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W.P.No. 13470 of 2019
any manner affect any order of attachment, which
was already effected and placed in the Encumbrance
Certificate. No costs."
4. In the light of the above, the second respondent is hereby directed to
register the Document No.85/18 cited supra, if there is no litigation pending
in respect of Doc.No.85/18 within a period of eight weeks from the date of
receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. No
costs.
28.10.2021
Index:Yes / No
Internet: Yes / No
Speaking / Non-Speaking order
msm
https://www.mhc.tn.gov.in/judis
W.P.No. 13470 of 2019
V.BHAVANI SUBBAROYAN, J.
msm
W.P.No. 13470 of 2019
28.10.2021
https://www.mhc.tn.gov.in/judis
