Madras High Court
Kaliyamurthy vs The Inspector General Of ... on 19 January, 2022
W.P.No.553 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.01.2022
CORAM
THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No. 553 of 2022
1. Kaliyamurthy
2. Sundaravalli .... Petitioners
Vs
1. The Inspector General of Registration,
Santhome High Road,
Chennai – 600 028.
2. The District Registrar,
Registrar Office,
Chidambaram,
Cuddalore District – 608 001.
3. The Sub-Registrar,
Registrar Office,
Bhuvanagiri,
Bhuvanagiri Taluk,
Cuddalore District – 608 601.
4. Mohammed Ghoose.
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a writ of mandamus, directing the third respondent herein
to register the decree passed in O.S.No.3 of 2011 dated 24.07.2015 on the
1/6
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W.P.No.553 of 2022
file of the Court of II Additional District Court, Chidambaram, on payment
of necessary charges.
For Petitioners : Mr.A.Muthukumar
For R1 to R3 : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
This Writ Petition has been filed for issuance of writ of
mandamus, directing the third respondent herein to register the decree
passed in O.S.No.3 of 2011 dated 24.07.2015 on the file of the Court of II
Additional District Court, Chidambaram, on payment of necessary charges.
2. Heard, Mr.A.Muthukumar, learned counsel appearing for the
petitioners and Mr.Yogesh Kannadasan, learned Special Government
Pleader appearing for the respondents 1 to 3.
3. The case of the petitioner is that the property, comprised in
survey No.116/2 and New survey No.484/1 to an extent of 40 cents, owned
by the petitioners. The fourth respondent instituted a suit in O.S.No.3 of
2011 on the file of the II Additional District Court, Chidambaram, against
the petitioners for specific performance on the basis of the agreement for sale
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W.P.No.553 of 2022
dated 04.04.2008 along with alternative remedy to refund a sum of
Rs.18,00,000/- with interest at the rate of 12% per annum. The said suit
was dismissed by a Judgment and Decree dated 24.07.2015. However, the
petitioners were directed to pay a sum of Rs.1,00,000/- with interest at the
rate of 12% per annum from 05.04.2009 till the date of payment. There is
no appeal as against the said Judgment and Decree, either by the petitioners
or by the fourth respondent herein.
4. As directed by the Court below, the petitioners also deposited
the amount to the credit of O.S.No.3 of 2011. Thereafter, the petitioners
obtained a certified copy of the Judgment and Decree passed in O.S.No.3 of
2011 and presented for registration before the third respondent. However,
the third respondent refused to register the Judgment and Decree for the
reason that the decree could not be registered after a period of four months
from the date of Decree.
5. This Court repeatedly held that the provisions under Sections
23 and 25 of the Indian Registration Act, which prescribes limitation, will
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W.P.No.553 of 2022
not apply in the case of registration of any Civil Court Decree. Since, the
decree is not a compulsorily registrable document and the limitation
prescribed under the Registration Act would not stand attracted for
registering any decree. Therefore, the third respondent cannot refuse to
registration of the Court Decree on the ground of limitation.
6. In view of the above, the petitioners are directed to present the
Judgment and Decree passed in O.S.No.3 of 2011 dated 24.07.2015 for
registration before the third respondent and on receipt of the same, the third
respondent is directed to register and release the same forthwith.
7. With the above direction, this writ petition is disposed of. No
costs.
19.01.2022
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Index:Yes/No
Internet:Yes/No
To
1. The Inspector General of Registration,
Santhome High Road,
Chennai – 600 028.
https://www.mhc.tn.gov.in/judis
W.P.No.553 of 2022
2. The District Registrar,
Registrar Office,
Chidambaram,
Cuddalore District – 608 001.
3. The Sub-Registrar,
Registrar Office,
Bhuvanagiri,
Bhuvanagiri Taluk,
Cuddalore District – 608 601.
G.K.ILANTHIRAIYAN,J.
https://www.mhc.tn.gov.in/judis
W.P.No.553 of 2022
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W.P.No.553 of 2022
19.01.2022
https://www.mhc.tn.gov.in/judis
