Petitioner sought a writ to quash the refusal by the Sub Registrar to register a settlement deed and directed to register it. The court directed the Registrar to register the document, relying on N. Rayamyee and Section 47, despite the lapse of six years.
Directed second respondent to register the settlement deed dated 27.01.2016.
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.
WP.No.29534 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
WP.No.29534 of 2016
Brindha Devi
... Petitioner
Vs
Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the proceedings of the second respondent in Check Slip No.1 of 2016 dated 19.02.2016 and quash the same as illegal and not in consonance with law and consequential direction directing the 2nd respondent to register the settlement deed dated 27.01.2016.
For Petitioner : Mr.M.Guruprasad For Respondents : Mr.PRAjarajeswari, G.A. – R1 & R2
WP.No.29534 of 2016
ORDER
This Writ Petition has been filed to call for the records pertaining to the proceedings of the second respondent in Check Slip No.1 of 2016 dated 19.02.2016 and quash the same as illegal and not in consonance with law and consequential direct the 2nd respondent to register the settlement deed dated 27.01.2016.
judgment in N.Ramayee Vs. The Sub Registrar and another in W.P.No.674 of 2020 dated 05.11.2020 , has clearly held that the registering
WP.No.29534 of 2016
authority cannot refuse to register a document merely on the basis that some other encumbrance has already been created.
costs.
15.09.2022
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Index:Yes/No
WP.No.29534 of 2016
Web:Yes/No
Speaking/Non Speaking
To,
WP.No.29534 of 2016
N.SATHISH KUMAR, J.
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WP.No.29534 of 2016
15.09.2022
2 issues framed by the court
Whether a registering authority can refuse to register a settlement deed merely on the ground of previous encumbrance.
Whether S.47 of the Registration Act allows the registrar to consider the date of execution after 6 years have lapsed.
Colour shows how this judgement treated each authority
N. Ramayee Vs. The Sub Registrar and anotherRelied on¶20
N.Ramayee Vs. The Sub Registrar and another in W.P.No.674 of 2020 dated 05.11.2020
2 provisions across 2 enactments
Brindha Devi
The District Registrar, Tiruppur District
The Sub Registrar, Dharapuram
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
