Allowed

M/S. India Bulls Housing Finance Ltd. v. M/S. Jaj Enterprises

Kerala HC9 Oct 2018WP(C)/1608/2018

Case brief

AI extract

What is this about?

This single-judge court disposed of the writ petition as bar. The court held that the issues were covered by a prior judgment (W.P.(C). No. 25794 of 2014). It directed the registering authority to consider the petitioner's request for registering the deed of conveyance if the sale certificate is produced.

What did the court decide?

Court directed that if the petitioner produces the sale certificate, the registering authority shall consider the request to register the deed of conveyance.

M/S. India Bulls Housing Finance Ltd. Vs M/S. Jaj… — Property and Title | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU

¶4

TUESDAY ,THE 09TH DAY OF OCTOBER 2018 / 17TH ASWINA, 1940

¶5

WP(C).No. 1608 of 2018

¶6

PETITIONER/S:

¶7

M/S. INDIA BULLS HOUSING FINANCE LTD. HAVING ITS REGISTERED OFFICE AT M-62 & 63, FIRST FLOOR, CONNOUGHAT PLACE AND CORPORATE OFFICE AT INDIABULLS HOUSE, 448-451, PHASE V, GURGAON-122-1, REPRESENTED BY AUTHORIZED OFFICER.

¶8

BY ADVS. SRI.P.RADHAKRISHNAN (1) SRI.MADHU RADHAKRISHNAN

¶9

RESPONDENT/S:

¶10

1 M/S. JAJ ENTERPRISES THROUGH ITS MANAGING PARTNER, T.C.VARGHESE, THENGUVILAYIL BUILDING, PANAVILA JUNCTION, THIRUVANANTHAPURAM, KERALA-695001.

¶11

2 MS.JAJ SALES CORPORATION THROUGH ITS PROPRIETOR, T.C.VARGHESE, THENGUVILAYIL BUILDING, PANAVILA JUNCTION, THIRUVANANTHAPURAM, KERALA-695001.

¶12

3 T.C.VARGHESE THENGUVILAYIL BUILDING, PANAVILA JUNCTION, THIRUVANANTHAPURAM, KERALA-695001.

¶13

4 MR.JOY VARGHESE THENGUVILAYIL BUILDING, PANAVILA JUNCTION, THIRUVANANTHAPURAM, KERALA-695001.

¶14

-2-

¶15

W.P.(C). No. 1608 of 2018

¶16

5 MR.JOJY VARGHESE THENGUVILAYIL BUILDING, PANAVILA JUNCTION, THIRUVANANTHAPURAM, KERALA-695001.

¶17

6 MRS.THANKAMONY VARGHESE THENGUVILAYIL BUILDING, PANAVILA JUNCTION, THIRUVANANTHAPURAM, KERALA-695001.

¶18

7 SUB REGISTRAR SUB REGISTRAR'S OFFICE, CHALA, KARAMANA P.O., THIRUVANANTHAPURAM-695002.

¶19

8 JOYS THE BEACH RESORT PVT. LTD. TC NO.55/1546, DEEDI BAJAJ BUILDING, KAIMANAM, THIRUVANANTHAPURAM, KERALA, PIN695040.

¶20

BY ADVS. GOVERNMENT PLEADER SRI.N.SASI

¶21

OTHER PRESENT:

¶22

GP. SMT. RASHMI. K.M.

¶23

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.10.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶24

JUDGMENT

¶25

The petitioner, a Company registered under the Companies Act,

¶26

1956, seeks the following relief:

¶27

“a) issue a writ of mandamus directing

¶28

the 7^th respondent to allow for the registration of

¶29

-3-

¶30

W.P.(C). No. 1608 of 2018

¶31

sale of the immovable properties covered under Sale notice Ext P9 and Ext P11 sale confirmation letter.”

¶32

Both the counsel agree that the issues stand squarely covered in favour of the petitioner by a judgment, dated 26^th November 2014, in W.P.(C) No.25794 of 2014. I, therefore, dispose of the writ petition

¶33

applying the same ratio as contained in the judgment referred to above.

¶34

If the petitioner produces the sale certificate, the registering authority shall consider the petitioner's request for registering the deed of conveyance.

¶35

Sd/-

¶36

DAMA SESHADRI NAIDU

JUDGE

das

APPENDIX

PETITIONER'S/S EXHIBITS:

¶41

EXHIBIT P1-

¶42

TRUE COPY OF THE NOTIFICATION DATED 19/09/2007 ALONG WITH CERTIFICATE OF REGISTRATION ISSUED BY NHB.

¶43

W.P.(C). No. 1608 of 2018

¶44

-4-

¶45

EXHIBIT P2(A)TRUE COPY OF SALE DEED NO.478/1983 OF CHALA SUB REGISTRY. EXHIBIT P2(B)TRUE COPY OF SALE DEED NO.1072/1983 OF CHALA SUB REGISTRY. EXHIBIT P2(C)TRUE COPY OF SALE DEED NO.2113/1986 OF CHALA SUB REGISTRY. EXHIBIT P2(D)TRUE COPY OF SALE DEED NO.2114/1986 OF CHALA SUB REGISTRY. EXHIBIT P2(E)TRUE COPY OF THE TITLE DEPOSIT DECLARATION DATED 30/11/2009. EXHIBIT P2(F)TRUE COPY OF THE TITLE DEPOSIT DECLARATION DATED 30/05/2011. EXHIBIT P3TRUE COPY OF THE SECTION 13(2) NOTICE. EXHIBIT P4TRUE COPY OF ORDER PASSED BY THE CHIEF JUDICIAL MAGISTRATE TRIVANDRUM IN M.C.780/2015. EXHIBIT P5TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER. EXHIBIT P6(A)TRUE COPY OF THE PAPER PUBLICATION IN DESHABHIMANI ON 29/01/2016. EXHIBIT P6(B)TRUE COPY OF THE PAPER PUBLICATION IN INDIAN EXPRESS ON 26/01/2016. EXHIBIT P7TRUE COPY OF THE ENCUMBRANCE CERTIFICATE SHOWING ATTACHMENTS. EXHIBIT P8TRUE COPY OF JUDGMENT IN W.P. (C)25794/2014. EXHIBIT P9TRUE COPY OF THE SALE NOTICE DATED 07/11/2017.

¶46

-5-

¶47

W.P.(C). No. 1608 of 2018

¶48

EXHIBIT P10(A)TRUE COPY OF THE PUBLICATION IN "KERALA KOUMUDI" DATED 21/11/2017. EXHIBIT P10(B)TRUE COPY OF THE PUBLICATION IN "TIMES OF INDIA" DATED 21/11/2017. EXHIBIT P11TRUE COPY OF SALE CONFIRMATION LETTER DATED 07/12/2017.

M/S. India Bulls Housing Finance Ltd. v. M/S. Jaj Enterprises

Case brief

What is this about?

What did the court decide?

M/S. India Bulls Housing Finance Ltd. v. M/S. Jaj Enterprises

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Kadeeja Vs Authorised Officer

Shanavaskhan Vs Authorised Officer

Shakey Shahul Hameed Vs Regional Passport Officer

Thankachan P.A Vs Bank of Baroda

Mohammed Rashid K.P. Vs Union of India

Immanuel Aviation & Cargo Services Pvt.Ltd., Rep. by Its Director Mrs.Rosy Panackal Vs State of Kerala