Madras High Court
N.Nirmala Devi vs The Inspector General Registration on 25 October, 2024
Author: S.S.Sundar
Bench: S.S.Sundar
W.A.No.2410 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HON'BLE Mr. JUSTICE S.S.SUNDAR
AND
THE HON'BLE Dr. JUSTICE A.D.MARIA CLETE
W.A.No.2410 of 2024
N.Nirmala Devi .. Appellant
Vs.
1.The Inspector General Registration
No.100, Santhome High Road
Mylapore, Chennai 600 004
2.The Deputy Collector (Stamps)
5th Floor, Singaravelar Maligai
Rajaji Salai, Chennai 600 001
3.The District Registrar (South)
District Registrar Office
Saidapet, Chennai
4.The Sub Registrar
Tambaram Sub Registrar Office
No.49, Sabai Colony
Sembakkam, Rajakilpakkam
Chennai 600 073
5.The Sub Registrar
Selaiyur Sub Registrar Office
No.49, Sabai Colony
Sembakkam, Rajakilpakkam
Chennai 600 073 .. Respondents
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W.A.No.2410 of 2024
Writ Appeal filed under Clause 15 of the Letters Patent, against the order
dated 31.10.2023 passed by the learned Single Judge in W.P.No.21771 of 2023.
For Appellant : Mr.C.M.Mohanasundaram
For Respondents : Mr.B.Vijay
Additional Government Pleader
JUDGMENT
(Delivered by S.S.SUNDAR, J.)
This appeal is directed against the order dated 31.10.2023 passed by the
learned Single Judge in W.P.No.21771 of 2023, dismissing the writ petition
filed by the appellant for issuance of a writ of mandamus directing the
2nd respondent to declare the sale deed bearing No.9158/2006 dated 12.10.2006
registered before the 4th respondent as lapsed as per the principle contemplated
in Section 47(A3) of the Indian Stamp Act and for a direction to the
respondents 4 and 5 to remove all endorsements pertaining to 47-A of the
Indian Stamp Act created on the property in the sale deed document
No.9158/2006 dated 12.10.2006 on the file of the respondents 4 and 5 based on
the appellant's representation dated 23.12.2022.
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2. The appellant/writ petitioner filed a suit in O.S.No.918 of 2012 on the
file of the Additional District Munsif Court, Alandur, for a declaration to
declare the general Power of Attorney, vide document No.601/2004 dated
21.12.2004 and the sale deeds executed on the basis of the said Power of
Attorney deed are all null and void. The said suit was decreed ex parte and the
decree was also registered on 07.01.2015 vide document No.121/2015 before
the SRO, Selaiyur. The appellant states that one more document which ought
to have been declared void was not included in the said suit, as the said
document was pending registration in view of pendency of the proceedings
under Section 47 of the Indian Stamp Act, for undervaluation. Therefore, the
appellant has filed the writ petition to declare the said sale deed dated
12.10.2006, which was registered as document No.9158/2006.
3. The learned Single Judge, dismissed the said writ petition on the
ground that the subject document was not found in the decree and therefore, the
contentions raised in the writ petition cannot be accepted. The learned Judge
also held that the Registrar has no authority to declare the title or decide the
civil dispute.
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4. If a document is held invalid, it is open to the appellant to raise her
objections as to the validity of the document before any civil forum. However,
the Registrar has no power to declare the validity of a document or to declare
the document as invalid. Even when the appellant has filed a civil suit and got
an ex parte decree, the Registrar can only register the decree and it is not for the
Registrar to independently declare the validity of the document. This Court has
elaborately held that the Registrar has no such powers either under Section
68(2) of the Indian Stamp Act or under any other provision. Recently, this
Court has also struck down Section 77-A of the Registration Act, 1908, which
was introduced by way of an amendment in 2022.
For the above reasons, this Court finds no merit in this writ appeal and
this writ appeal stands dismissed. No costs.
[S.S.S.R.,J.] [A.D.M.C., J.]
25.10.2024
Index : Yes/No
Neutral Citation : Yes/No
gya
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To
1.The Inspector General Registration
No.100, Santhome High Road
Mylapore, Chennai 600 004
2.The Deputy Collector (Stamps)
5th Floor, Singaravelar Maligai
Rajaji Salai, Chennai 600 001
3.The District Registrar (South)
District Registrar Office
Saidapet, Chennai
4.The Sub Registrar
Tambaram Sub Registrar Office
No.49, Sabai Colony
Sembakkam, Rajakilpakkam
Chennai 600 073
5.The Sub Registrar
Selaiyur Sub Registrar Office
No.49, Sabai Colony
Sembakkam, Rajakilpakkam
Chennai 600 073
https://www.mhc.tn.gov.in/judis
S.S.SUNDAR, J.
AND
A.D.MARIA CLETE, J.
gya
25.10.2024
https://www.mhc.tn.gov.in/judis
