Petitioners seeking registration of sale deed faced objection due to property attachment. Court verified execution records confirmed discharge of decree and dismissal of execution petition. Respondent ordered to delete encumbrance and register the deed.
Respondent-SRO directed to delete encumbrance note immediately, present the sale deed for registration.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 3RD DAY OF AUGUST 2018 / 12TH SRAVANA, 1940
WP(C).No. 24193 of 2018
PETITIONER(S)
1 SAIDALAVI, AGED 67, S/O. CHEEKKUTTY, KORATH THAZHATHETHIL HOUSE, TIRUR TALUK, KUTTIPPURAM AMSOM, DESOM, KUTTIPPURAM.P.O.,MALAPPURAM DISTRICT, PIN- 679571
2 SAINABA, AGED 65, W/O.SAIDALAVI, KORATH THAZHATHETHIL HOUSE, TIRUR TALUK, KUTTIPPURAM AMSOM, DESOM, KUTTIPPURAM.P.O., MALAPPURAM DISTRICT, PIN- 679571
BY SENIOR ADVOCATE SRI.T.KRISHNANUNNI ADVS.SRI.VINOD RAVINDRANATH SMT.MEENA.A. SMT.M.R.MINI SRI.M.DEVESH SRI.VINAY MATHEW JOSEPH SRI.ASHWIN SATHYANATH SRI.ROHIT NANDAKUMAR
RESPONDENT:
THE SUB REGISTRAR, SUB REGISTRAR'S OFFICE, KUTTIPPURAM, MALAPPURAM, PIN- 679 571.
BY SENIOR GOVERNMENT PLEADER SRI.SAIGI JACOB PALETTY.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-08-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
WP(C).No. 24193 of 2018 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 2043/1977 DATED 11.10.1977 OF SRO, KUTTIPPURAM
EXHIBIT P2 TRUE COPY OF THE ATTACHMENT ORDER IN EP NO 3439/1974 IN OS NO 648/1972 ON THE FILES OF THE MUNSIFF COURT, KOZHIKODE
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PS TO JUDGE
PBS 6/8/2018
ALEXANDER THOMAS, J.
W.P(C).No.24193 Of 2018
Dated this the 3rd day of August, 2018.
J U D G M E N T
According to the petitioners they had purchased 90 cents of property comprised in R.S.No.178/2 of Kuttipuram Village, Tirur Taluk, Malappuram Revenue District, as per Ext.P-1 sale deed No.2043/1977 dated 11.10.1977 of S.R.O., Kuttippuram. That now, the petitioners want to transfer their property and the respondent-SRO has raised objection in registering the sale deed on the ground that the above said property is subject to attachment in E.P.No.3439/1974 in O.S.No.648/1972 on the files of the Munsiff's Court, Kozhikode. It is the case of the petitioners that the vendor, K.T.Kunhumuhammed (from whom the petitioners purchased the property as per Ext.P-1 sale deed dated 11.10.1977) had already paid the entire decree in the year 1974 itself and consequently E.P.No.3439/1974 was closed and that Ext.P-1 sale deed was executed and registered only after satisfying the above said decree and that since the documents pertaining to E.P.No.3439/1974 in O.S.No.648/1972 are not available before the Munsiff's Court, Kozhikode, the petitioners are not in a position to produce the same before the 1st respondent-SRO to prove that the
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W.P(C).No.24193 Of 2018
attachment was lifted years back. Further it is submitted that even if the attachment is still in force, any private transfer of the property attached shall be void only as against the claims enforceable under the attachment as the object of Sec.64 of the Code of Civil Procedure is only to prevent fraud on the decree holder and that since the judgment debtor had already paid the entire decree debt and satisfied the decree, no question of fraud upon the decree holder arises in this case. It is in the light of these aspects, that the petitioners have filed the instant Writ
Petition (Civil) seeking the following prayers:
and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondent-SRO, Kuttippuram.
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W.P(C).No.24193 Of 2018
the judgment debtor therein (K.T.Kuhumuhammed) had already paid the entire decree debt in the year 1974 itself and that E.P.No.3439/1974 was thus closed after the satisfaction of the decree, etc. Pursuant thereto, the Munsiff Court, Kozhikode, has furnished a report dated 23.7.2018 to the Registry of this Court wherein it is has been stated that O.S.No.648/1972 on the file of that court was disposed of on 11.4.1974 and as per the Suit Register, no Execution Petition is seen filed before the said court and the decree was seen sent to the Munsiff's Court, Tirur, for execution on 19.3.1974 as per order in E.A.No.256/1974 and that no records are now available with the Munsiff's Court, Kozhikode. Thereafter, this Court had passed order dated 25.7.2018 directing the Registry to call for a separate report from the Munsiff's Court, Tirur, as to the further aspects in the above said Execution Proceedings. Now, the Munsiff's Court, Tirur, has furnished a report dated 28.7.2018 addressed to the Registry of this Court wherein it has been stated that as per order in E.P.No.439/1974 dated 20.8.1974 of Munsiff's Court, Tirur, the petition schedule properties had been attached and subsequently, the Execution Petition was dismissed on 13.11.1975 after recording full satisfaction on the basis of the statement filed by the counsel for the petitioner therein, M/s.Badsha & Sons.
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W.P(C).No.24193 Of 2018
respondent-SRO, Kuttippuram, will take immediate steps to ensure that the above encumbrance noted against the petitioners' property covered by Ext.P-1 sale deed, is deleted without any further delay. It is for the petitioners to present the sale deed for registration before the respondent-SRO, without any further delay and upon such presentation, the respondent shall register the same, if it is otherwise in order.
The petitioners may produce a certified copy of this judgment before the respondent-SRO, Kuttippuram, for necessary information and further action.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.
ALEXANDER THOMAS, Judge.
Bkn/-
// True copy //
P.A to Judge.
SAIDALAVI
SAINABA
THE SUB REGISTRAR
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
