Allowed

M/s. Sharon Hospitality Pvt. v. The Sub Registrar

Madras HC27 Jan 2016WP/1638/2016

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking a direction to register a Memorandum of Deposit of Title Deed. It held that the Sub Registrar can entertain the registration despite undervaluation proceedings pending under the Indian Stamp Act, as the two matters serve different purposes.

What did the court decide?

The respondent is directed to receive and register the Memorandum of Deposit of Title Deed dated 08.01.2016 within four weeks.

M/s. Sharon Hospitality Pvt. Vs The Sub Registrar — Property and Title | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

Dated : 27.01.2016

¶3

CORAM

¶4

THE HONOURABLE Mr.JUSTICE M.M. SUNDRESH

¶5

W.P.No.1638 of 2016

¶6

M/s.Sharon Hospitality Pvt.Ltd Rep by its Director, No.23, Poonamallee High Road, Periamet, Chennai 600 003 ... Petitioner – Vs - The Sub Registrar Office of the Sub Registrar, Periamet, Chennai 600 003 ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of mandamus, directing the respondent to receive and register the Memorandum of Deposit of Title Deed dated 08.01.2016.

¶7

For Petitioner : Mr.AR.L.Sundaresan, Senior Counsel for Mr.P.Krishnan For Respondent : Mr.R.A.S.Senthil Vel, Additional Government Pleader ORDER

¶8

The petitioner has come forward to file this Writ Petition with the prayer seeking a direction to the respondent to receive and register the Memorandum of Deposit of Title Deed, dated 08.01.2016.

¶9

The petitioner had purchased the property by a registered sale deed from one Thambian. As the valuation shown in the document was found to be undervalued, it was referred to the appropriate authority under Section 47(A) of the Indian Stamp Act. When the petitioner went to register the Memorandum of Deposit of Title Deeds with the financial institutions, the same was not received and accepted by the respondent on the ground of pendency of the proceedings under Section 47(A) of the Indian Stamp Act. Therefore, the present Writ Petition has been filed.

¶10

https://hcservices.ecourts.gov.in/hcservices/

¶11

Heard the learned Senior counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

¶12

There is no transfer of title involved in the case on hand. The petitioner continues to be the owner of the property.

¶13

Only for the purpose of getting loan, the Memorandum of Deposit of Title Deed is sought to be made. While holding that the respondent can have the first charge, the said entitlement to recover the amount as finally fixed under Section 47(A) of the Indian Stamp Act, cannot be construed to deny the registration.

¶14

In the result, the Writ Petition stands allowed and the respondent is directed to receive and register the Memorandum of Deposit of Title Deed, dated 08.01.2016 within a period of four weeks from the date of receipt of a copy of this order. However, this order will not stand in the way of the respondent to proceed as per law under Section 47(A) of the Indian Stamps Act. No costs.

¶15

Sd/Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To The Sub Registrar Office of the Sub Registrar, Periamet, Chennai 600 003

¶16

+1cc to the Government Pleader, S.R.No.5012 +1cc to Mr.P.Krishnan, Advocate, S.R.No.5786

¶17

W.P.No.1638 of 2016

¶18

jsv(CO) srg(29/01/2016)

¶19

https://hcservices.ecourts.gov.in/hcservices/

M/s. Sharon Hospitality Pvt. v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

M/s. Sharon Hospitality Pvt. v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

K.Kandsamy Vs The Inspector of Police

K.Genesan @ Palanisamy, Vs The Inspector of Police

S.Suresh, Vs The Commissioner of Police

Ours Ariya Bhavan, Vs Indian Railway Catering

M/S.Sri Adinath Traders Vs Dr.Hasmukh Adhia IAS

M/s.Sri Adinath Traders Vs The Union of India