Madras High Court
U.George William vs The Sub Registrar on 10 January, 2022
W.P.No.148 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2022
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.148 of 2022
and
W.M.P.No.169 of 2022
U.George William ... Petitioner
Vs
The Sub Registrar,
Bhavani Sub Register Office,
Erode District. ... Respondent
Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarifed Mandamus, to call for the records
pertaining to the impugned Refusal Check Slip No.RFL/Bhavani/30/21,
dated 27.09.2021 of the respondent and quash the same and consequently
direct the respondent to register the decree dated 16.04.2010 passed by the
District Munsif Court, Erode in O.S.No.369 of 2000, which was presented
by the petitioner.
For Petitioner : Mr.M.Vijayaragavan
For Respondent : Mr.Yogesh Kannadasan
Special Government Pleader
1/5
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W.P.No.148 of 2022
ORDER
This writ petition is filed to issue a Writ of Certiorarifed
Mandamus to call for the records pertaining to the impugned Refusal Check
Slip No.RFL/Bhavani/30/21, dated 27.09.2021 of the respondent and quash
the same and consequently direct the respondent to register the decree dated
16.04.2010 passed by the District Munsif Court, Erode in O.S.No.369 of
2000, which was presented by the petitioner.
2. The petitioner presented judgment and decree passed in
O.S.No.369 of 2000, dated 16.04.2010 for registration before the
respondent. However, the respondent refused to register the same by the
impugned Refusal Check Slip No.RFL/Bhavani/30/21, dated 27.09.2021 for
the reason that as per Section 25 of the Registration Act (hereinafter referred
to as 'the Act' for short), the decree should be presented within a period of
four months for its registration.
3. The Hon'ble Division Bench of this Court and a learned Single
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W.P.No.148 of 2022
Judge of this Court, repeatedly held that the presentation of the Court decree
for registration does not attract the provision under Section 23 of the Act.
The proviso to Section 23 of the Act states 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. The limitation period under Section 23 of the Act
should be read within consonance with Section 25 of the Act and that since
they were only directory in nature, the impugned Refusal Check Slip issued
by the respondent herein, is bad in law. Therefore, the law of limitation for
presenting the document does not apply to a decree. It is permanent record
and it has to be registered and no limitation is prescribed. Hence, the
respondent shall entertain the certified copy of the decree, which was
presented by the petitioner for registration.
4. In view of the above discussion, the impugned Refusal Check
Slip No.RFL/Bhavani/30/21, dated 27.09.2021is quashed. The petitioner is
directed to re-present the decree passed in O.S.No.369 of 2000, dated
16.04.2010 for registration. On receipt of the same, the respondent is
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W.P.No.148 of 2022
directed to register and release the same forthwith, if it is otherwise in order.
It is made clear that the registration fees be levied on the total value of the
suit and not on the value of the property.
5. In the result, this Writ Petition is allowed. Consequently, the
connected Miscellaneous Petition is closed. No costs.
10.01.2022
Index:Yes/No
Speaking Order: Yes
kv
To
The Sub Registrar,
Bhavani Sub Register Office,
Erode District.
https://www.mhc.tn.gov.in/judis
W.P.No.148 of 2022
G.K.ILANTHIRAIYAN, J.
kv
W.P.No.148 of 2022
10.01.2022
https://www.mhc.tn.gov.in/judis
