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2021 Supreme(Ker) 787

RAJA VIJAYARAGHAVAN V.
M. A. JOY, S/O. MATHEW – Appellant
Versus
SUB REGISTRAR, EDAPPALLY SUB REGISTRAR – Respondent


Advocates Appeared:
For the Appellant : S.RENJITH, K.R.PRATHISH
For the Respondent: SMT. A.C. VIDHYA

JUDGMENT :

1. Can the Sub Registrar who refused to register a document presented for registration on a mistaken interpretation of the statutory provisions, which refusal was found to be erroneous by the superior authority, later refuse registration on the ground that the document was presented out of time? This is the question posed by Sri S. Renjith, the learned counsel, who appears for the petitioner in this Writ Petition.

2. The property owned by the petitioner was acquired for the setting up of a pipeline by the Kerala Water Authority. As part of rehabilitation measures, property admeasuring 1.62 Ares situated within the limits of Thrikkakara Village was assigned to him as per Exhibit P1 Sale deed. In Exhibit P1, it is equivocally stated that the entire rights over the property stood transferred to the petitioner and that he is entitled to enjoy the same without any restrictions whatsoever, and that the entire rights of the vendor will stand divested in favour of the petitioner on the execution of the deed.

3. The petitioner wanted to assign the property and for that purpose, he executed Exhibit P2 Sale deed on 15.01.2021, paid Rs.1,63,296/-by way of Stamp Duty and presented the

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