R.Nagappan … vs T.Muthusamy
2022 Latest Caselaw 1076 Mad

                                                                                 C.R.P.(NPD) No.94 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED :    24.01.2022

                                                           CORAM :

                                   THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

                                                   C.R.P.(NPD) No.94 of 2022

              R.Nagappan                                                        ….     Petitioner

                                                            -Vs-

              1.T.Muthusamy
              2.M.Arunkumar
              3.S.Ganesan                                                       ….     Respondents

              Prayer : Civil Revision Petition under Article 227 of the Constitution of India to direct
              the learned Subordinate Judge, Tiruchengode to number to Unnumbered O.S.No.....
              of 2021 on the file of the learned Subordinate Judge, Tiruchengode by allowing the
              present revision petition.

                                  For Petitioner       : Ms.R.Shase

                                                          ORDER

In view of the fact that the plaint has been rejected even before numbering,

notice to the respondents is deemed unnecessary.

2. Challenge in this revision is to the order of the Trial Court rejecting the plaint

filed by the petitioner even without numbering. The petitioner sought for a decree for

specific performance based on an unregistered sale deed dated 23.04.2021. The

learned Subordinate Judge, Tiruchengode returned the plaint questioning the

maintainability of a suit for specific performance based on an unregistered sale deed.

https://www.mhc.tn.gov.in/judis C.R.P.(NPD) No.94 of 2022

It was re-presented with an endorsement that, in view of Section 49 of the

Registration Act, an agreement of sale need not be registered. The learned

Subordinate Judge was not convinced with the explanation offered by the learned

counsel for the plaintiff and rejected the plaint on the ground that the suit for specific

performance cannot be maintained on the basis of an unregistered sale deed. The

learned Judge relied upon Section 17 of the Registration Act and Section 12 of the

Specific Relief Act.

3. I am unable to sustain the view of the learned Subordinate Judge. She has

completely overlooked the provisions of Section 49 of the Registration Act and the

judgment of the Hon'ble Supreme Court in “S.Kaladevi -Vs- V.R.Somasundaram

and Others” reported in 2010 (5) SCC 401 , where in the Supreme Court

specifically held that, a suit for specific performance can be laid on the basis of an

unregistered sale deed.

4. Hence, the Civil Revision Petition is allowed and the order of the learned

Subordinate Judge is set aside. The learned Subordinate Judge, Tiruchengode is

directed to number the suit and proceed to dispose of the same in accordance with

law.

24.01.2022 Index : No Internet : Yes KST

https://www.mhc.tn.gov.in/judis C.R.P.(NPD) No.94 of 2022

R. SUBRAMANIAN, J.

KST

C.R.P.(NPD) No.94 of 2022

24.01.2022

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