Allowed

Tamilselvi.K v. The Sub Registrar

Madras HC26 Nov 2024WP(MD)/2677/2024

Case brief

AI extract

What is this about?

This writ petition challenged the respondent's refusal to register a sale deed due to a pending civil suit regarding the property. The High Court held that mere pendency of a suit is no bar to registration absent a specific restrainin decree order, quashed the refusal, and directed registration.

What did the court decide?

Impugned order dated 23.01.2024 quashed. Petitioner directed to present sale deed for registration; respondent directed to register and release document forthwith.

Tamilselvi.K Vs The Sub Registrar — Property and Title | Madras HC (2024)

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W.P (MD).No.2677 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 26.11.2024

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CORAM

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THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

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W.P (MD).No.2677 of 2024 and W.M.P(MD)No.4270 of 2024

K.Tamilselvi

...Petitioner

Vs.

The Sub Registrar, Pandalkudi, Aruppukottai Taluk, Virudhunagar District.

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...Respondent

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Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the respondent in RFL/Pandalkudi/1/2024 dated 23.01.2024 and quash the same as illegal and consequently direct the respondent to register the sale deed, dated 23.01.2024 presented by the petitioner.

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For Petitioner : Mr.S.Bharathi For Respondent : Mr.M.Sarangan Additional Government Pleader

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https://www.mhc.tn.gov.in/judis 1/5

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W.P (MD).No.2677 of 2024

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O R D E R

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This writ petition has been filed challenging the order passed by the respondent, dated 23.01.2024, thereby, refused to register the sale deed, which was presented by the petitioner for registration on the ground that the Civil Suit is pending in respect of the subject property.

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Heard the learned counsel appearing on either side and perused the materials placed before this Court.

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The petitioner intended to purchase the property comprised in 152/1B to an extent of 1.27 acre situated at Kopuchithampatti Village, Aruppukottai Sub Registrar, Virudhunagar District from one K.Alagusundari. The petitioner's vendor had executed a sale deed on 23.01.2024 and presented the same for registration before the respondent. However, the respondent refused to register the same by issuance of refusal check slip dated 23.01.2024 on the ground that civil suit is pending in respect of the subject property.

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Mr.M.Sarangan, learned Additional Government Pleader appearing for the respondent, on instructions, would submit that in respect of the subject property, there is a civil suit pending for declaration declaring the title.

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

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W.P (MD).No.2677 of 2024

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However, the respondent is not a party to the suit and no interim order granted against the respondent for registering any document in respect of the subject property.

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It is a settled law that the mere pendency of a Civil suit can never be a ground for refusing to register a document. Unless the transfer of property is restrained by any specific order passed in a pending suit, any transfer of property that takes place during the pendency of the suit will only be subject to the result of the suit, as per the doctrine of lis pendense .

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In view of the above, the order passed by the respondent cannot be sustained and it is liable to be quashed. Accordingly, the impugned order dated 23.01.2024 is quashed and the writ petition is allowed. The petitioner is directed to represent the sale deed for registration before the respondent. On receipt of the same, the respondent is directed to register the sale deed and release the document forthwith. No costs. Consequently, connected miscellaneous petition is closed.

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Internet : Yes Index : Yes/No 26.11.2024 Speaking/Non Speaking order am

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

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W.P (MD).No.2677 of 2024

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The Sub Registrar, Pandalkudi, Aruppukottai Taluk, Virudhunagar District.

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

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W.P (MD).No.2677 of 2024

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G.K.ILANTHIRAIYAN, J.

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W.P (MD).No.2677 of 2024

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26.11.2024

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

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Tamilselvi.K v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

Tamilselvi.K v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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