N.Kaleeswari vs The Joint Ii Sub-Registrar
2021 Latest Caselaw 18040 Mad

Citation : 2021 Latest Caselaw 18040 Mad
Judgement Date : 3 September, 2021

Madras High Court

N.Kaleeswari vs The Joint Ii Sub-Registrar on 3 September, 2021

                                                                                   W.P.No.18544 of 2021


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 03.09.2021

                                                        CORAM:

                            THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

                                                  W.P.No.18544 of 2021

                     N.Kaleeswari                                                     ... Petitioner

                                                        Versus

                     The Joint II Sub-Registrar,
                     Neiperuchal Village,
                     Tiruppur Taluk,
                     Tiruppur.                                                     ... Respondent


                               Writ Petition filed under Article 226 of the Constitution of India,

                     praying to issue a Writ of Mandamus, directing the respondent to register

                     the Certified Copy of Decree and Judgement in O.S.No.177 of 2019,

                     dated 03.08.2020 on the file of District Munsif Court, Tiruppur, on

                     payment of registration charges alone without insisting on the period of

                     limitation under Section 23 of Registration Act, 1908.




                     Page No.1 of 6


https://www.mhc.tn.gov.in/judis/
                                                                                    W.P.No.18544 of 2021


                                      For Petitioner   : Mrs.Revathi Manivannan.

                                      For Respondent : Mr.K.M.D. Muhilan,
                                                       Government Advocate.


                                                         ORDER

This writ petition has been filed for issuance of Writ of Mandamus,

directing the respondent to register the Certified Copy of Judgment and

Decree in O.S.No.177 of 2019, dated 03.08.2020 on the file of District

Munsif Court, Tiruppur, on payment of registration charges alone without

insisting on the period of limitation under Section 23 of the Registration

Act, 1908.

2. According to the petitioner, the petitioner's parents have jointly

purchased a property situated in S.F.No.515 of 15, Velampalayam

Village, Tiruppur, by way of sale deed, dated 01.02.1988 form one

Mr.Kanagarathinam for valuable sale consideration and peaceful

possession and enjoyment of the same. After the demise of her parents,

the aforesaid property has divided into three equal shares among the legal

https://www.mhc.tn.gov.in/judis/ W.P.No.18544 of 2021

heirs of the deceased and the parties are in the possession of the property.

On 30.09.2015, the petitioner's sister namely Mrs.Vijayalakshmi along

with her husband, son and her brother namely Mr.Selvakumar have tried

to interfere with the peaceful possession of the petitioner's property.

Therefore, the petitioner along with his brother filed a suit in O.S.No.177

of 2019 before the District Munsif Court, Tiruppur, for permanent

injunction and after scrutinizing the documents, the trial Court passed

judgment and decree in the Original Suit, dated 03.08.2020.

Subsequently, the copy of the judgment and decree made ready only on

23.09.2020. Due to the COVID-19 pandemic situation, the petitioner

could not present the copy of the judgment and decree before the

respondent for registration within three months. On July, 2021, when the

petitioner had approached the respondent/Sub Registrar herein, to

2019 on the file of District Munsif Court, Tiruppur. Hence, the petitioner

has come forward with the present writ petition under Article 226 of the

Constitution of India.

https://www.mhc.tn.gov.in/judis/ W.P.No.18544 of 2021

3. Heard both sides and perused the materials available on record.

4. The learned counsel appearing for the petitioner submitted that

the petitioner will be satisfied if a direction is issued to the respondent to

consider the petitioner's fresh representation and dispose of the same

within a stipulated time that may be framed by this Court.

5. He further submitted that he has observed U/s.23 of the

Registration Act, 1908 which reads as follows:-

"23. Time for presenting documents.-

Subject to the provisions contained in Section 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution; Provided that a copy of a decree or order may be presented within four months from the day on which the decree or order was made, or, where it is appealable, within four months from the day on which it becomes final."

https://www.mhc.tn.gov.in/judis/ W.P.No.18544 of 2021

6. Having regard to the limited scope of the prayer that is now

sought for in this writ petition before this Court and taking into account

the submissions made on either side, without expressing any opinion on

the merits of the petitioner's representation or the case pleaded by the

petitioner in the present writ petition, the Writ Petition is disposed of, the

petitioner is directed to give a fresh representation to the respondent

herein, after receiving the representation, the respondent is also directed

to consider the same and pass appropriate orders, on merits and in

accordance with law, after issuing notice to the petitioner as well as

respondent within a period of eight weeks from the date of receipt of a

copy of this order. No costs.