Jothi vs The Sub- Registrar
2022 Latest Caselaw 16856 Mad

Citation : 2022 Latest Caselaw 16856 Mad
Judgement Date : 27 October, 2022

Madras High Court

Jothi vs The Sub- Registrar on 27 October, 2022

                                                                                        W.P.No.28414 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 27.10.2022

                                                  CORAM
                                  THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                     W.P.No.28414 of 2022

                     Jothi                                              ...Petitioner

                                                             Vs.

                     The Sub- Registrar,
                     Vadaloor Sub Registrar Office,
                     Cuddalore – District.                            ...Respondent

                     Prayer:        Petition filed under Article 226 of the Constitution of India to

                     issue a Writ of Certiorarified Mandamus to call for the records pertaining to

                     the refusal check slip in Refusal No.RFL/Vadaloor/150/2022 dated

                     06.10.2022 and to quash the same as illegal and incompetent and

                     consequently direct the respondent to register the decree dated 17.04.2014

                     passed in O.S.No.103 of 2013 on the file of the Principal District Munsif

                     Court, Cuddalore and pass orders.


                                    For Petitioner       : Mr.T. Meganathan

                                    For Respondents   : Mr. C. Kathiravan
                                                  Special Government Pleader

                     1/8

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                                                                                         W.P.No.28414 of 2022


                                                              ORDER

The petitioner has filed this petition to issue a Writ of Certiorarified

Mandamus to call for the records pertaining to the refusal check slip in

Refusal No.RFL/Vadaloor/150/2022 dated 06.10.2022 and to quash the same

as illegal and incompetent and consequently direct the respondent to register

the decree dated 17.04.2014 passed in O.S.No.103 of 2013 on the file of the

Principal District Munsif Court, Cuddalore.

2. The case of the petitioner is that, the petitioner filed a suit in

O.S.No.103 of 2013 on the file of the Principal District Munsif Court,

Cuddalore seeking declaration and permanent Injunction to the subject

property and the said suit was decreed on 17.04.2014. Thereby, the petitioner

presented the application before the respondent for registering the said decree

on 06.10.2022, however, the respondent refused to register the same, vide

Refusal Check Slip No.RFL/Vadaloor/150/2022 dated 06.10.2022 on the

ground that the decree has not been presented for registration within the

stipulated time. Challenging the same, the petitioner have filed the present

Writ Petition.

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3. Learned counsel for the petitioner submits that no time limit is

prescribed in the Registration Act with regard to registration of the deed

through Court decree. Therefore, citing delay in presenting the document as

reason for not registering the same is not sustainable.

4. The learned counsel for the petitioner would rely on a decision of

the Hon'ble Division Bench of this Court in the case of S.Lingeswaran vs

The Sub Registrar in W.P.No.9577 of 2021 dated 23.04.2021, and in the

said decision the Division Bench of this Court followed the earlier decisions

reported in 2007 (2) TCJ 68 (A.K.Gnanasankar vs. Joint -II Sub Registrar,

Cuddalore) and 2019 (3) MLJ 571 (S.Sarvothaman vs. The Sub-Registrar,

Oulgarpet ), wherein the Court held that, the Court decree is not a

compulsorily registrable document and the option lies with the party in such

circumstances. He would particularly rely on paragraphs 6 to 9 of the above

decision, which are extracted hereunder:

“6. A Full Bench of the Andhra Pradesh High Court in Padala Satyanarayana Murthy Vs. Padala Gangamma, reported in AIR 1959 AP 626, has held that a decree/order

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passed by a competent Court is not compulsorily registrable document and the party cannot be compelled to get the document registered when there is no obligation cast upon him to register the same. Subsequently, a Division Bench of this Court in A.K.Gnanasankar Vs. Joint-II Sub Registrar, Cuddalore reported in 2007 (2) TCJ 68, has held that, a decree is a permanent record of Court and the limitation prescribed for presentation of the document under Sections 23 and 25 of the Registration Act, is not applicable to a decree presented for registration.

7. The above judgments have been followed in number of judgments of this Court and recently another Division Bench of this Court in S.Sarvothaman Vs. The Sub- Registrar, Oulgaret reported in (2019) 3 MLJ 571 has held that, as the Court decree is not a compulsorily registerable document and the limitation prescribed under the Registration Act would not stand attracted for registering any decree. The relevant portion of the judgment reads as follows:

"21. By applying the decision in the case of Padala Satyanarayana Murthy to the facts of the case, the only conclusion that could be arrived at is that a court decree is not compulsorily registerable and that the option lies with the party.

In such circumstances, the law laid down by this

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Court clearly states that the limitation prescribed under the Act would not stand attracted."

8. The above judgment was followed in Anitha Vs. The Inspector of Registration in W.P.No.24857 of 2014 dated 01.03.2021, wherein it is held that the Registrar cannot refuse registration of a Court decree on the ground of limitation.

9. In view of the above settled position of law, the respondent Sub Registrar cannot refuse to register the decree on the ground that it is presented beyond the period prescribed under Section 23 of the Registration Act. In such circumstances, the impugned refusal check slip issued by the respondent is not sustainable and it is liable to be set aside.

Accordingly, the writ petition is allowed and the impugned order passed by the respondent is set aside and the respondent is directed to register the decree, if it is otherwise in order. No costs.”

5. The learned Special Government Pleader appearing for the

respondents submitted that the said application was rejected under section 23

and 25 of the Registration Act, 1908.

6. It is not in dispute that the petitioner is in possession of a Court

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decree which when presented was not entertained citing delay in submission.

It is to be pointed out that this Court in a catena of decisions had held that the

Registrar cannot refuse registration of a Court decree on the ground of

limitation. That being the case, the facts in the present case are identical to

Ligeswaran's case and the ratio laid therein stands squarely attracted.

Therefore, the rejection order is wholly in contravention of the order passed

in Lingeswaran's case (supra).