Madras High Court
Rathinam vs The Sub Registrar on 27 January, 2022
W.P.No.1084 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.1084 of 2022
Rathinam ... Petitioner
-Vs-
The Sub Registrar,
Bhavani SRO,
Erode District. ... Respondent
Prayer :- Writ Petition filed under Article 226 of the Constitution of
India praying for the issuance of a Writ of Certiorarified Mandamus,
calling for the records relating to the impugned order made in Check Slip
dated 31.12.2021 in RFL/Bhavani/50/2021 by the respondent quash the
same and consequently direct the respondent to register the judgment and
decrees dated 05.01.2008, 22.10.2009 made in O.S.No.198 of 2007
passed by the Principal District Munsif Court, Bhavani.
For Petitioner : Mr.N.S.Deepak
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
Page 1 of 6
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W.P.No.1084 of 2022
ORDER
This Writ Petition has been filed for the issuance of Writ of
Certiorarified Mandamus, calling for the records relating to the impugned
order made in Check Slip dated 31.12.2021 in RFL/Bhavani/50/2021 by
the respondent quash the same and consequently direct the respondent to
register the judgment and decrees dated 05.01.2008, 22.10.2009 made in
O.S.No.198 of 2007 passed by the Principal District Munsif Court,
Bhavani.
2. Heard Mr.N.S.Deepak, learned counsel appearing for the
petitioner and Mr.Yogesh Kannadasan, learned Special Government
Pleader appearing for the respondent.
3. The petitioner's father purchased the subject property and he
died intestate on 16.11.2006 leaving behind the petitioner and other
family members as his legal heirs. Since, the petitioner was denied his
share of his father's property he filed a suit in O.S.No.198 of 2007 for
partition. The said suit was decreed as prayed for by the preliminary
Judgment and Decree, dated 05.01.2008. The petitioner also filed an
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W.P.No.1084 of 2022
application for final decree in I.A.No.932 of 2008 in O.S.No.198 of 2007.
Accordingly, the suit property was divided by metes and bounds and
final decree was passed on 22.10.2009.
4. However, due to the petitioner's ignorance, the said decree
was not presented for registration immediately after obtaining the
certified copy of the final decree. The petitioner after obtaining the
certified copy of the Judgment and Decrees, presented for registration
only on 31.12.2021. However, the respondent refused to register the
same by the impugned check slip, dated 31.12.2021 for the reason that
the Judgment and Decrees were presented for registration after a period
of four months from the date of the decrees.
5. It is a well settled law that the proviso under Section 23 of
the Registration Act is only directory in nature and not mandatory in
respect of the decree passed by the Court. The decree passed by the Civil
Court is not compulsorily registrable document. Under Section 17(1) of
the Registration Act deals with the compulsory registration of documents.
Section 17(2) of the Registration Act is an exception to Section 17(1) of
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W.P.No.1084 of 2022
the Registration Act. Section 18 of the Registration Act, refers to
documents for which registration is optional. Therefore, the decree or an
order passed by the Civil Court will not fall under Section 17(1) of the
Registration Act.
6. Therefore, a party cannot be compelled to get the document
registered when there is no obligation cast upon the party to register the
same. Thus, the limitation prescribed for presentation of document under
Sections 23 and 25 of the Registration Act, is not applicable to Judgment
and Decree presented for registration.
7. In view of the above, the impugned check slip, dated
31.12.2021 cannot be sustained as against the petitioner and it is liable to
be set aside. Accordingly, the impugned check slip, dated 31.12.2021, in
RFL/Bhavani/50/2021 by the respondent is hereby quashed.
8. The petitioner is directed to re-present the Judgment and
Decrees passed in O.S.No.198 of 2007 dated 05.01.2008 and 22.10.2009
on the file of the Principal District Munsif Court, Bhavani and on receipt
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W.P.No.1084 of 2022
of the same, the respondent is directed to register and release the same
forthwith.
9. In the result, this writ petition stands allowed. There shall
be no order as to costs.
27.01.2022
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
To
The Sub Registrar,
Bhavani SRO,
Erode District.
https://www.mhc.tn.gov.in/judis
W.P.No.1084 of 2022
G.K.ILANTHIRAIYAN, J.
mn
W.P.No.1084 of 2022
27.01.2022
https://www.mhc.tn.gov.in/judis
