Petitioner sought writ of Mandamus directing the Sub Registrar to register her sale deed despite an earlier unexecuted sale agreement preventing requirement of NOC under Rule 55A which was subsequently held invalid by the Principal Seat of the Court.
Writ of Mandamus issued directing the Respondent to register the sale deed executed by the petitioner.
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.
1 W.P.(MD)NO.2276 OF 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.02.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.2276 of 2023
K.Eswari ... Petitioner
Vs.
The Sub Registrar, Sub Registrar Office, Melur, Madurai District. ... Respondent
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to register the sale deed executed by petitioner in favour of Chowthri, S/o.Murugesan, Kulathur Village, Paramakudi Taluk, Ramanathapuram District or in the name of anybody else in respect of the property comprised in S.No.52/3 to an extent of 7 cents situated at Attukulam Village, Melur Registration Sub District, Melur Taluk, Madurai District.
For Petitioner : Mr.R.Murugan For Respondent : Mr.R.Baskaran, Additional Advocate General, assisted by, Mr.S.Shanmugavel, Additional Government Pleader. * * *
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2 W.P.(MD)NO.2276 OF 2023
O R D E R
Heard the learned counsel on either side.
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3 W.P.(MD)NO.2276 OF 2023
The Principal Seat of Madras High Court vide order dated 08.02.2023 made in W.P.No.2758 of 2023 (The Federal Bank Ltd., Rep. by its Senior Manager, Coimbatore V. The Sub Registrar, Pollachi and others)
has struck down the first proviso to Rule 55A of the Registration Rules. The first proviso to Rule 55A of the Registration Rules reads as follows:-
''55A. (i) The registering officer before
whom a document relating to immovable property is presented for registration, shall not register the same, unless the presentant produces the previous original deed by which the executant acquired right over the subject property and an Encumbrance Certificate pertaining to the property obtained within ten days from the date of presentation:
Provided that in case an encumbrance as to mortgage, orders on attachment of property, sale agreement or lease agreement exists over the
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4 W.P.(MD)NO.2276 OF 2023
property, the registering officer shall not register such document if the time limit for filing of suit is not lapsed, or No Objection Certificate is not granted by the appropriate authority or raising of the attachment is not done, as the case may be:
Provided further that in case the previous original deed is not available as the property being an ancestral one, the registering officer shall not register such document, unless the presentant produce any revenue record evidencing the executant's right over the subject property such as patta copy issued by Revenue Department or tax receipt:
Provided also that if the previous original deed is lost, the registering officer shall register such document only on production of non-traceable Certificate issued by the Police department along with the advertisement published in the local Newspaper as to the notice of loss of the previous original deed:
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5 W.P.(MD)NO.2276 OF 2023
Provided also that production of the
previous original deed shall not be necessary where the Government or a Statutory body is the executant of the document or for such class of documents as may be notified by the Inspector General of Registration, from time to time. ”
16.02.2023
NCS : Yes / No Index : Yes / No Internet : Yes / No PMU
To:
The Sub Registrar, Sub Registrar Office, Melur, Madurai District.
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G.R.SWAMINATHAN,J.
PMU
W.P.(MD)No.2276 of 2023
16.02.2023
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2 issues framed by the court
Whether the Sub Registrar can refuse to register a sale deed solely because of an earlier unexecuted sale agreement under Rule 55A.
Whether the first proviso to Rule 55A of the Registration Rules is still in force given it was struck down in W.P.No.2758 of 2023.
Colour shows how this judgement treated each authority
The Federal Bank Ltd., Rep. by its Senior Manager, Coimbatore V. The Sub Registrar, Pollachi and othersFollowed¶23
W.P.No.2758 of 2023 (The Federal Bank Ltd., Rep. by its Senior Manager, Coimbatore V. The Sub Registrar, Pollachi and others)
1 provisions across 1 enactments
K.Eswari
The Sub Registrar, Sub Registrar Office, Melur, Madurai District
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
