Manoj Adaikalaprabhakar vs The Sub-Registrar
2024 Latest Caselaw 18712 Mad

Madras High Court

Manoj Adaikalaprabhakar vs The Sub-Registrar on 23 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

    2024:MHC:3449



                                                                        W.A.(MD) No.1709 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 23.09.2024

                                                       CORAM

                              THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                               AND
                              THE HONOURABLE MR.JUSTICE SUNDER MOHAN

                                           W.A.(MD) No.1709 of 2024
                                                     and
                                          C.M.P.(MD) No.13150 of 2024


                    Manoj Adaikalaprabhakar
                    S/o.Rayappan                                             ... Appellant

                                                         Vs.

                    The Sub-Registrar,
                    Keezhsathanur Sub Registrar Office,
                    Palani Nagar, LIC Colony,
                    K.K.Nagar,
                    Trichy - 21.                                             ... Respondent

                    Prayer:- Writ Appeal filed under Clause 15 of the Letters Patent, praying
                    to set aside the order dated 06.09.2024 made in W.P.(MD) No.21274 of
                    2024.

                                  For Appellant       : Mr.S.Lakshmanasamy

                                  For Respondent      : Mr.M.Siddharthan
                                                        Additional Government Pleader



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                    Page No. 1 of 5
                                                                         W.A.(MD) No.1709 of 2024

                                                  JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The challenge in the Writ Petition was to the refusal check slip

issued by the respondent on the ground that the revenue documents do not

reflect the names of the executants of the Sale Deed but reflect the name

of the mother of the executants, as well as several other names.

2. The Writ Court had directed the Registering Authority, namely,

the Sub-Registrar, to conduct an enquiry by issuing notice to all the joint

pattadars, decide the question of title, and register the instrument after

satisfying himself about the ownership of the executants of the property

sought to be conveyed.

3. Mr.S.Lakshmanasamy, learned counsel for the appellant, would

vehemently contend that the Registering Authority has no right to conduct

the enquiry on the tile of the executants.

4. A perusal of the revenue record, namely, the patta, would show

that a joint patta has been issued to atleast 16 persons for a total extent of

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4 - 49.00 Hectares. The appellant has produced an antecedent document,

which shows that the mother of the executants, namely, Tmt.Pennachi, has

purchased an extent of 8.60 Acres out of total extent of 11.09 Acres. The

Sale Document was registered in the year 2011.

5. There is no provision under the Registration Act, 1908, which

enables an enquiry by the Registrar into the tile of the executant. In the

case of joint patta, the Registering Authority will have to go by the Sale

Deed. Once the Sale Deed shows that the predecessor's interest of the

vendors is entitled to a particular extent, the Registrar cannot conduct an

inquiry.

6. We, therefore, find that the Writ Court was not right in

authorising such an enquiry by the Registrar. The impugned order of the

Writ Court is set aside. The Writ Petition will stand allowed. There will

be a direction to the Sub-Registrar concerned to register the Sale Deed

within a period of 15 days from the date of its re-presentation. The

petitioner will re-present the same within a period of 15 days from the

date of receipt of a copy of this Judgment.

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7. This Writ Appeal is allowed. No costs. Consequently, the

connected Miscellaneous Petition is closed.

                                                                  R.S.M., J.        S.M., J.
                                                                         23.09.2024

                    Index: Yes
                    Neutral Citation: Yes
                    Non-Speaking Order

                    JEN

                    Copy to:

                    The Sub-Registrar,

Keezhsathanur Sub Registrar Office, Palani Nagar, LIC Colony, K.K.Nagar, Trichy - 21.

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R.SUBRAMANIAN, J.

AND SUNDER MOHAN, J.

JEN

and

23.09.2024

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