Madras High Court
N.Lakshmi vs The Sub Registrar on 1 September, 2021
1 W.P. No.18126 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2021
CORAM:
THE HON'BLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
W.P. No.18126 of 2021
N.Lakshmi ... Petitioner
-Vs-
The Sub Registrar
Kundrathur sub Registration Office,
Chennai. ... Respondent
PRAYER: This Petition is filed under Article 226 of the Constitution of
India, praying for the issue a Writ of Mandamus, directing the respondent
to register the certified copy of the compromise decree dated 03.12.2018
passed in O.S.No.185 of 2016 on the file of Hon'ble Subordinate Court at
Poonamallee on payment of necessary stamp duty and necessary
registration charges and without insisting on the period of limitation
under Section 23 of the Registration Act,1908 and pass orders
accordingly.
For Petitioner :: Mr.N.Panneer Kumar
For Respondent :: Mr.Yogesh Kannadasan
(Government Advocate)
*****
https://www.mhc.tn.gov.in/judis/
2 W.P. No.18126 of 2021
ORDER
The relief sought for in this writ petition is for a direction to the
directing the respondent to register the certified copy of the compromise
decree dated 03.12.2018 passed in O.S.No.185 of 2016 on the file of
Hon'ble Subordinate Court at Poonamallee on payment of necessary
stamp duty and necessary registration charges and without insisting on
the period of limitation under Section 23 of the Registration Act,1908
and pass orders accordingly.
2.The learned counsel for the petitioner would submit that due to
civil dispute between family members, the suit in O.S. No. 185 of 2016
has been instituted by the petitioner before the Hon'ble Subordinate
Court at Poonamallee and during pendency of the above said original
suit, the parties therein entered into a compromise and by recording the
said compromise, the Hon'ble Subordinate Court at Poonamallee passed a
compromise decree dated 03.10.2018 and by thus, the parties are entitled
to their respective shares. However, based on the compromise decree,
when the petitioner approached the respondent for registration of the
compromise decree, the respondent refused to register the same vide
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Refusal No. RFL/Kundrathur/28/2021 dated 28.07.2021 on the ground
that the request is time barred as per section 23 of The Registration act,
1908 and in view of the law limitation, the document cannot be
registered.
3. It has been further submitted that the respondent failed to note
that the limitation would apply only in other cases by not in respect of the
court decree, wherein the compromise decree has been passed. Further,
the compromise decree is permanent on record of court and therefore the
contention of the respondent in terms of section 23 of the Registration
Act, 1908 that the document cannot be registered is illegal and not valid
before the eye of law.
4. The learned counsel for the petitioner relied upon the Judgments
dated 26.11.2020 in W P. (MD). Nos.8091, 8093 & 9446 of 2020 and
dated 25.06.2021 in W.P. (MD) No.16863 of 2020 of the Madurai Bench
of the Madras High Court thereby the similar relief has been granted.
Without observing the aforesaid Judgment, the respondent caused mental
agony to the petitioner herein. Hence, he has no other alternative,
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efficacious, effective, speedy remedy except to approach this Court to
invoke the extra ordinary jurisdiction under Article 226 of the
Constitutional Law of India Seeking for a direction of Writ of Mandamus
to the respondent herein as prayed for.
5. The learned Government Advocate appearing for the respondent
would submit that as the Madurai Bench of Madras High Court has
already observed such as matter as cited by the learned counsel for the
petitioner. Hence, this Court may be pleased to direct the respondent to
register the certified copy of the compromised decree dated 03.12.2018
passed n O.S. No.185 of 2016 on the file of the Hon'ble Subordinate
Court, at Poonamallee on payment of necessary stamp duty and necessary
registration charges and without insisting on the period of limitation
under Section 23 of the Registration Act, 1908.
6. Heard the learned counsel for the petitioner and the learned
Government Advocate for the respondent as well as perused the material
available on records.
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7. Having considered the facts and circumstances of the case and
observations made by the Madurai Bench of Madras High Court in the
similar case, in W P. (MD). Nos.8091, 8093 & 9446 of 2020 dated
26.11.2020 and in W.P. (MD) No.16863 of 2020 dated 25.06.2021, this
Court directs the respondent herein to register the certified copy of the
compromised decree dated 03.12.2018 passed in O.S. No.185 of 2016 on
the file of the Hon'ble Subordinate Court, at Poonamallee on payment of
necessary stamp duty and necessary registration charges and without
insisting on the period of limitation under Section 23 of the Registration
Act, 1908.
8. With the aforesaid direction and observation, the Writ petition is
disposed of. Consequently, connected miscellaneous petition is closed if
any. There shall be no order as to costs.
01.09.2021
Lbm
Speaking order/Non-speaking order
Index : Yes/No
Internet: Yes/No
https://www.mhc.tn.gov.in/judis/
V.BHAVANI SUBBAROYAN.,J
Lbm
To:
The Sub Registrar
Kundrathur sub Registration Office,
Chennai.
W.P. No.18126 of 2021
01.09.2021
https://www.mhc.tn.gov.in/judis/
