Petitioner challenged refusal to register a Sale Deed by a Sub Registrar who demanded the original Gift Deed. The Court held that refusal based solely on non-production of original title documents is unlawful if the petitioner is competent.
Directing the respondent to register the Sale Deed in accordance with law.
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
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 21ST DAY OF JANUARY 2020 / 1ST MAGHA, 1941
WP(C).No.867 OF 2020(G)
PETITIONER:
PHILOMINA JOSEPH AGED 76 YEARS W/O. LATE C.T.JOSEPH, CHERIYAPARAMBIL HOUSE, R.C.ROAD, KARUVELIPADI, KOCHI-682 005.
BY ADVS. SRI.K.R.VINOD SMT.M.S.LETHA KUM.K.S.SREEREKHA SRI.NABIL KHADER SMT.V.KRISHNA BINDU
RESPONDENT:
THE SUB REGISTRAR KOCHI, KAPPALANDIMUKKU, MATTANCHERY, KOCHI-682 002.
SR.GP. SRI S GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.01.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.867 OF 2020(G) 2
JUDGMENT
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
SAB
WP(C).No.867 OF 2020(G) 3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE COPY OF THE GIFT DEED NO.801/1977 OF SRO KOCHI, EXECUTED IN FAVOUR OF THE PETITIONER.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
1 issue framed by the court
Whether the Sub Registrar can refuse to register a Sale Deed without producing the original Gift Deed.
PHILOMINA JOSEPH
THE SUB REGISTRAR KOCHI
AMUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
