The High Court of Kerala held the Sub Registrar should register an unregistered sale deed submitted by a co-owner of property, given the State Bank of India objected to the registration of a prior decree but had no objection to the subsequent sale.
Directive to the 2nd respondent Sub Registrar to register Ext.P4 sale deed within one month.
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 ANIL K.NARENDRAN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.28799 OF 2020(Y)
PETITIONER:
MANOJ KUMAR K PILLAI AGED 47 YEARS
S/O.KARUNAKARAN PILLAI, SEEKANDAPURAM HOUSE, THALAYAZHAM P.O., PIN - 686 607.
BY ADVS. SRI.REJI GEORGE SRI.RAMU RAJENDRAN SRI.BINOY DAVIS
RESPONDENTS:
1 STATE BANK OF INDIA REGD. OFFICE AT STATE BANK BHAVAN CORPORATE CENTRE, MADAME CAMA ROAD, MUMBAI, MAHARASHTRA, PIN - 400 021, REPRESENTED BY ITS MANAGER, ULLALA BRANCH, THALAYAZHAM P.O., VAIKOM, PIN- 686 607.
2 THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, VAIKOM, VAIKOAM -VECHOOR ROAD, THALAYAZHAM P.O., PIN - 686 607.
R1 BY ADV. SRI.K.K.CHANDRAN PILLAI (SR.) R1 BY ADV. SMT.S.AMBILY SMT K.AMMINIKUTTY- SR GOVERNMENT PLEADER FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is a co-owner of 26.30 ares of property,
made up of 10.52 ares in Sy.No.255/28A, 7.69 ares in Sy.No.255/28A-2 and 8.09 ares in Sy.No.255/28B of Thalayazham Village in Vaikom Taluk, covered by Ext.P1 sale deed bearing No.741/2013 dated 24.10.2013 of Sub Registrar Office, Thalayazham, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent to register Ext.P4 sale deed dated 01.10.2020.
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WP(C)No.28799 of 2020
on the file of the Sub Court, Kottayam has already been satisfied and E.P.No.15 of 2001 has already been closed on 21.10.2006, the Bank has no objection in Ext.P4 sale deed being registered by the 2nd respondent Sub Registrar.
In such circumstances, this writ petition is disposed of by directing the 2nd respondent Sub Registrar to register Ext.P4 sale deed, if there is no other legal impediments, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
WP(C)No.28799 of 2020
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APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF SALE DEED NO.741/2013 DATED 24/10/2013 OF THALAYAZHAM SUB REGISTRY. EXHIBIT P2 TRUE COPY OF ENCUMBRANCE CERTIFICATE NO.2228/2012 DATED 01/12/2012 ISSUED BY THE THALAYAZHAM SUB REGISTRY FOR THE PERIOD FROM 01/01/1987 TO 26/11/2012. EXHIBIT P3 TRUE COPY OF BASIC TAX RECEIPT NO.KL05051106551/2020 DATED 23/09/2020 ISSUED BY THE THALAYAZHAM VILLAGE OFFICE. EXHIBIT P4 TRUE COPY OF UNREGISTERED SALE DEED DATED 01/10/2020 EXECUTED Y THE PETITIONER AND SRI.NAGAPPAN PILLAI IN FAVOUR OF SRI.NAJEEB C.M. EXHIBIT P5 TRUE COPY OF FRESH ENCUMBRANCE CERTIFICATE OF THE PROPERTY VIDE CERTIFICATE NO.1422/2020 DATED 29/09/2020 FOR THE PERIOD FROM 01/01/1990 TO 25/09/2020, FROM THE THALAYAZHAM SUB REGISTRY.
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether the Sub Registrar should be directed to register the unregistered sale deed dated 01.10.2020.
1 provisions across 1 enactments
MANOJ KUMAR K PILLAI
STATE BANK OF INDIA
THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, VAIKOM
ANIL K. NARENDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
