In this writ appeal, the Court dismissed the appeal filed by an original property owner challenging a District Registrar's order canceling sale deeds under Section 77-A of the Registration Act, as the Court had previously held that Section to be unconstitutional.
The writ appeal and C.M.P. Nos. 24989 & 24990 of 2023 are dismissed. No costs.
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.
W.A.No.3016 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.08.2024
CORAM :
THE HON'BLE MR. JUSTICE S.S.SUNDAR AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.A.No.3016 of 2023
M.Sukumar Reddy
.. Appellant
v.
Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 16.08.2023 made in W.P.No.19280 of 2023.
For Appellant :: Mr.P.Subba Reddy For Respondents :: Mr.B.Vijay Additional Government Pleader for R1 Mrs.Hema Muralikrishnan for R2
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W.A.No.3016 of 2023
JUDGMENT
(Judgment of the Court was made by S.S.SUNDAR,J.)
Lengthy arguments were advanced by the learned counsel appearing for the appellant. The appeal is filed by the person claiming to be the original owner of the property, as against the order passed by the learned single Judge in a writ petition filed by the second respondent in W.P.No.19280 of 2023.
The writ petitioner purchased the property from the appellant under three different sale deeds dated 20.01.2015 executed through the appellant's power of attorney agent. The appellant filed a complaint before the first respondent to cancel the documents on the ground that the sale deeds have been executed fraudulently. After filing of complaint, the District Registrar, in exercise of power under Section 77-A of the Registration Act, cancelled the documents vide proceedings dated 31.05.2023. The said order of District Registrar in exercise of powers under Section 77-A of the Registration Act
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W.A.No.3016 of 2023
was put to challenge by the writ petitioner/purchaser. The writ petition was allowed by the learned single Judge of this Court holding that the provisions of Sections 77-A and 22-B of the Registration Act, which were introduced by way of amendment, are prospective and therefore the sale deeds, which were prior to the amendment, cannot be invalidated or the registration be cancelled by exercising the power under Section 77-A of the Registration Act. This order of the learned single Judge in the writ petition dated 16.08.2023 is impugned in the appeal.
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W.A.No.3016 of 2023
Index : yes/no Neutral citation : yes/no
(S.S.S.R.,J.) (K.R.S,J.) 23.08.2024
ss
To
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W.A.No.3016 of 2023
S.S.SUNDAR,J. AND K.RAJASEKAR,J.
ss
W.A.No.3016 of 2023
23.08.2024
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2 issues framed by the court
Whether the impugned order of the District Registrar canceling sale deeds under Section 77-A of the Registration Act survives after this Court struck down the Section as unconstitutional
Whether the writ appeal filed by the original owner challenging the sale deeds should be allowed or dismissed
1 provisions across 1 enactments
M. Sukumar Reddy
The District Registrar (Administration) Chengalpattu District
Dr. Arunvel Kumar
S.S. Sundar
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
