Madras High Court
M.Mohammed Hussain vs The District Registrar on 9 September, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD) No.18787 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.18787 2022
1.M.Mohammed Hussain
2.Faritha Begum ...Petitioners
-vs-
1.The District Registrar,
Karur District,
Karur.
2.The Sub-Registrar,
Tharagampatty, Sub Registrar's Office,
Tharagampatty,
Karur District.
3.Khahil Rahman ...Respondents
[R3 was impleaded vide order dated 21.06.2023]
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, praying for issuance of a writ of Certiorarified Mandamus,
Certiorarified Mandamus, calling for the records relating to the
impugned order passed by the 2nd respondent dated 03.08.2022 in their
proceedings in Na.Ka. No.171/2022 and quash the same and
consequently directing the 2nd respondent to forthwith register and
release the original document dated 06.06.2022 presented by the
1/5
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W.P.(MD) No.18787 of 2022
petitioners for registration assigned with No.P49/2022 on the file of 2nd
respondent within the time limit as may be fixed by this Court.
For Petitioners : Mr.S.Vishnuvardhan
For R1 & R2 : Mr.P.Subbaraj
Special Government Pleader
For R3 : No Appearance
ORDER
This writ petition has been filed challenging the order of the 2nd
respondent dated 03.08.2022 in proceedings in Na.Ka. No.171/2022 and
directing the 2nd respondent to register and release the original document
dated 06.06.2022 presented by the petitioners.
2.It is the case of the petitioners that the father of the petitioners
purchased the subject property in the year 1993. After his death, the
property is in enjoyment of the petitioners based on the release deed
executed in their favour. When the said release deed was presented for
registration, the same was refused to be registered on the ground of
objections raised by the third respondent with regard to the subject
property. Challenging the same, the petitioner has filed this writ petition.
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3.The third respondent lodged his objections stating that the
subject property belongs to him and the petitioners have no right in the
said property.
4.At the outset, the impugned order of refusal made by the second
respondent cannot be sustained in the eye of law for the simple reason
that the minimum enquiry requires to be done by the Sub Registrar under
Section 34 of the Registration Act is only with regard to the identity of
the persons entering in execution of the document and not beyond that.
The Sub Registrar cannot venture into the title of the property.
5.Further, filing of a protest petition is not a ground for not
registering the document. The issue raised in this writ petition is no
longer res-integra, in view of the judgment rendered by this Court in the
case of Subramani vs. the Sub Registrar and others [WP.No.11056 of
2024, dated 26.04.2024], in which it has been held as follows:
“... b. refusal on the ground of title dispute, in a judgment of
this Court in the case of Abdullasa v Inspector General of
Registration reported in 2021 2 CWC 451, this Court held that
the Registrar cannot refuse to register the document on the
basis of objections raised by a rival claimant, who has a
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different source of title. Similarly, the Hon'ble Apex Court in
the case of Satya Pal Anand v. State of M.P., reported in (2016)
10 SCC 767 has held that an enquiry into the title of the
executant is beyond the powers of the Sub-Registrar. Therefore,
in view of the law declared in this regard, merely on the ground
of protest petitions and objections raised by some third party,
the document cannot be refused to be registered.”
6. In view of the above, this writ petition stands allowed and the
impugned refusal in Na.Ka. No.171/2022 dated 03.08.2022 issued by the
2nd respondent is hereby set aside. The 2nd respondent is directed to
register the document presented by the petitioner within a period of one
week from the date of receipt of copy of this order. No costs.
09.09.2024
Index : Yes / No
Internet : Yes / No
ta
To
1.The District Registrar,
Karur District, Karur.
2.The Sub-Registrar,
Tharagampatty, Sub Registrar's Office,
Tharagampatty,
Karur District.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR, J.
ta
09.09.2024
https://www.mhc.tn.gov.in/judis
