Disposed

K.Jaya @ Jayalakshmi v. Padma @ Padmavathi

Madras HC12 Oct 2023AS/469/2019

Case brief

AI extract

What is this about?

This case amends a prior direction to send 'Ex.A3' to the Sub-Registrar for compulsory registration under Rule 58. The judgment clarifies that 'Ex.A3' refers to the original document, not just the certified copy. It directs the trial court to return the original and sets a six-month deadline for the Registrar to conclude proceedings, with the court sparing costs.

What did the court decide?

Amendment of judgment to specify 'original of Ex.A3'; direction to send original to Sub-Registrar for registration within 6 months; remission of cross objection.

K.Jaya @ Jayalakshmi Vs Padma @ Padmavathi — Property and Title | Madras HC (2023)

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A.S.No.469 of 2019 and

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Cross Objection No.40 of 2021

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R.SUBRAMANIAN,J. and Dr.D.NAGARJUN,J.

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While disposing of the appeal with a direction that the SubRegistrar, Rasipuram will complete the proceedings for compulsory registration as per Rule 58 of the Registration Rules, we had directed the trial Court to send back Ex.A3 to the Registrar to enable him to proceed with the enquiry relating to compulsory registration.

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2. It is now learnt that Ex.A3 is only the certified copy and the original of that document is also before the Court and the same should be sent to the Sub-Registrar, Rasipuram. Paragraph No.16 and 17 of our judgment dated 12.10.2023 reads as follows:-

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16. The appeal is therefore allowed and the judgment of the trial Court is set aside, the suit is remitted to the trial Court. The District Court will send back Ex.A3 to the Sub-Registrar. The concerned Sub-Registrar is

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Page No.1/4

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https://www.mhc.tn.gov.in/judis

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required to conclude the proceeding under Rule 58 which were stopped half way because of the incorrect action of the District Court in summoning the document to itself and decide the same. Upon the decision the parties will have recourse to remedies provided under the Registration Act in the event of refusal of registration. If the document is directed to be registered then it will be registered and the same can be sent back to the District Court and the District Court will thereafter proceed with the trial of the suit. The parties will be entitled to file additional pleadings on the conclusion of the proceedings before the Registrar. The District Court will frame necessary issues and dispose of the suit.

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17. There will be a direction to the sub-Registrar, Rasipuram to complete the proceedings for compulsory registration within a period of six months from the date of receipt of the documents by him from the District Court. Needless to state that the Registrar will hear the parties and give sufficient opportunity to the parties before pronouncing on the registration of the instrument. Cross objection will also stand remitted. The trial Court will send back Ex.A3 forthwith to the Registrar along with a copy of this order to enable the Registrar to proceed with the proceedings under Rule 58 of the Registration Rules from

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Page No.2/4

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https://www.mhc.tn.gov.in/judis

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where it was stopped. Considering the relationship between the parties we spare costs.

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3. The term “Ex.A3” appearing in line No.3 of paragraph No.16

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and line No.7 of paragraph No.17 in the original judgment will read as

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“original of Ex.A3”.

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4. Registry to issue amended copy of the judgment by 24.04.2024.

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(R.S.M., J.) (D.N.R., J) 18.04.2024

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dsa

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Page No.3/4

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https://www.mhc.tn.gov.in/judis

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R.SUBRAMANIAN,J. and Dr.D.NAGARJUN,J.

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dsa

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A.S.No.469 of 2019 and Cross Objection No.40 of 2021

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18.04.2024

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Page No.4/4

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https://www.mhc.tn.gov.in/judis

K.Jaya @ Jayalakshmi v. Padma @ Padmavathi

Case brief

What is this about?

What did the court decide?

K.Jaya @ Jayalakshmi v. Padma @ Padmavathi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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