E.Yuvaraj Vs the Sub Registrar — Writ and Judicial Review | Madras HC (2025)

E.Yuvaraj Vs the Sub Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of on the above terms: impugned refusal order dated 28.03.2025 (Na.Ka.No.108/2025) of the first respondent set aside (the writ prayer also sought quashing of the consequential refusal check slip Refusal No.RFL/Kangayam/33/2025 dated 15.04.2025); first respondent directed to register the petitioner's discharge receipt for redemption of mortgage over R.S.No.340/5A, Kadaiyur Village (1.69 acres), subject to compliance with other requirements; parties left free to pursue their rights before the jurisdictional civil Court; connected miscellaneous petition (W.M.P.No.18174 of 2025) closed; no order as to costs.

Issue for consideration

Whether the Sub Registrar, Kangayam could refuse registration of the petitioner's discharge receipt for redemption of his Axis Bank mortgage over the land in R.S.No.340/5A (1.69 acres, Kadaiyur/Kangeyam Taluk, Tiruppur District) merely because a suit for declaration of title (O.S.No.259 of 2024, Sub Court, Kangeyam) filed by the petitioner was pending in respect of the property.

Court's answer

A Sub Registrar cannot decline a request to register a discharge receipt merely because a suit for declaration of title is pending in relation to the relevant property.

Ratio / Principle

On that basis, the impugned refusal order of the Sub Registrar cannot be sustained and is hereby set aside.

Key takeaways

As a corollary to setting aside the impugned order, the Sub Registrar is directed to register the discharge receipt, subject to compliance with other requirements in that regard (sentence continuing past a page break at ¶31: 'compliance with other requirements in that regard.').ratio¶29
The setting aside of the impugned order and direction to register will not stand in the way of the parties canvassing their rights in relation to the relevant property before the jurisdictional civil Court.ratio¶32

Detailed headnote1 paragraphs

Writ petition (Art. 226, certiorarified mandamus) - Refusal of registration - Discharge receipt / redemption of mortgage - Pendency of title suit not a ground for refusal. E. Yuvaraj claimed title over 1.69 acres in R.S.No.340/5A, Kadaiyur (Kadayur) Village, Kangeyam (Kangayam) Taluk, Tiruppur District through a settlement deed dated 25.04.2018 founded on a partition deed dated 12.03.1980, mortgaged the land to Axis Bank for an agricultural loan, and, after repaying the loan with interest, sought registration of an instrument discharging the loan and redeeming the mortgage. The Sub Registrar, Kangayam, by order dated 28.03.2025 in Na.Ka.No.108/2025 (with consequent refusal check slip Refusal No.RFL/Kangayam/33/2025 dated 15.04.2025), refused registration solely on the ground that O.S.No.259 of 2024 (Sub Court, Kangeyam), a suit by the petitioner for declaration of title over the property, was pending. HELD (Senthilkumar Ramamoorthy, J.): merely because a suit for declaration of title is pending in relation to the property, the Sub Registrar cannot decline to register a discharge receipt; accordingly the impugned order was set aside and the Sub Registrar directed to register the discharge receipt subject to compliance with other requirements; the order will not stand in the way of the parties canvassing their rights before the jurisdictional civil Court. Writ petition disposed of; connected W.M.P. closed; no costs. (R2/R3 raised an objection based on a temple and about a century of worship on the land; the Court did not decide any separate question on that plea.)