Madras High Court
Krishnamoorthy vs The Sub Registrar on 28 December, 2023
W.P.(MD)No.31304 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.12.2023
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD)No.31304 of 2023
Krishnamoorthy ...Petitioner
-Vs-
The Sub Registrar,
Office of the Sub Registrar,
Vallam,
Thanjavur District. ...Respondent
PRAYER:Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus calling for the
records pertaining to the Impugned Refusal Check Slip issued by the Respondent
in RFL/Vallam-Thanjavur/139/2023 dated 20.12.2023 and to quash the same and
consequentially direct the Respondent to register the document as in the manner
which is presented before him within the time stipulated by this Court.
For Petitioner : Mr.S.Venkatesan
For Respondent : Mr.K.S.Selvaganesan
Additional Government Advocate
ORDER
This Writ Petition has been filed challenging the impugned refusal
Check Slip issued by the respondent, wherein the respondent refused to register
https://www.mhc.tn.gov.in/judis
the documents submitted by the petitioner on the ground that a suit is pending in
O.S.No.137 of 2020 on the file of the First Additional District Judge (PCR),
Thanjavur.
2.The case of the petitioner is that the subject property was sold in
favour the petitioner by virtue of a sale deed dated 15.12.2023. When this
document was submitted for registration before the respondent, the respondent
refused to register the document only on the ground that, there is a suit pending
in O.S.No.137 of 2020 on the file of the First Additional District Judge(PCR),
Thanjavur. Aggrieved by the same, the present writ petition has been filed before
this Court.
3.Heard Mr.S.Venkatesan, learned counsel for the petitioner and
Mr.K.S.Selvaganesan, learned Additional Government Pleader for the
respondents.
4.The respondent has taken a stand that there is a suit pending before
the competent Civil Court touching upon the subject property and therefore, no
registration can be entertained till the disposal of the suit.
https://www.mhc.tn.gov.in/judis
5.In the considered view of this Court, the impugned refusal Check
Slip is unsustainable in law. There is absolutely no bar for a party dealing with
the property, even during the pendency of a suit. This is of course subject to
interim orders, if any, passed during the pendency of the suit, restraining such
transfer of property. In the present case, admittedly, no interim order has been
passed.
6.The Hon'ble Supreme Court in the judgment in Hardev Singh vs.
Gurmail Singh reported in (2007) 2 CTC 78 has categorically held that a
transaction that takes place during the pendency of the suit, at the best will be hit
by the rule of Lis Pendens and the same will not automatically result in rendering
the transaction 'void' or 'illegal'. The transaction will only be subject to the result
of the litigation and the parties will be bound by the result in the litigation. This
position has been reiterated by the Hon'ble Supreme Court in T.Ravi and another
vs. B.Chinna Narasimha and others reported in (2017) 7 SCC 342.
7.In view of the above, the respondent ought not to have refused to
register the document only on the ground that a suit is pending before a
competent Civil Court. Such a refusal, in fact, will amount to abdication of a
statutory duty imposed on the respondent under the relevant Enactment.
https://www.mhc.tn.gov.in/judis
8.In view of the above discussion, this Court has absolutely no
hesitation to interfere with the impugned refusal Check Slip issued by the
respondent, dated 20.12.2023 and the same is hereby quashed. The respondent is
directed to entertain the sale deed presented for registration and the same shall be
registered, subject to payment of the stamp duty and registration charges. The
documents shall also be released after it is registered.
9.This Writ Petition is allowed with the above directions. However,
there shall be no order as to costs.
28.12.2023
Index : Yes/No
Internet : Yes/No
ta
To
The Sub Registrar,
Office of the Sub Registrar,
Vallam,
Thanjavur District.
https://www.mhc.tn.gov.in/judis
L.VICTORIA GOWRI, J.
ta
28.12.2023
https://www.mhc.tn.gov.in/judis
