Balachandran, S/o . Chamiyappanpilla vs Sub Registrar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Ker) 461

GOPINATH P.
Balachandran, S/o . Chamiyappanpilla – Appellant
Versus
Sub Registrar – Respondent

Advocates:
Advocate Appeared:
For the Appellant : V.A.JOHNSON (VARIKKAPPALLIL)
For the Respondent: SMT. DEEPA V (GP)

JUDGMENT :

The petitioners in these cases have approached this court being aggrieved by the refusal by the Sub Registrar to register documents presented by the petitioners on the ground that they petitioners have not produced any prior documents.

2. The learned counsel appearing for the petitioners in these cases would submit that the issue stands covered in favour of the petitioner by the judgment of this court in Sumathi and another v. State of Kerala and others; 2018 (5) KHC 586 where this court has taken the view that in the light of the provisions contained in Section 17 of the Registration Act the Sub Registrar is not authorised to insist that the executant must produce prior documents. Reference made in this regard to paragraph 8 of the judgment in Sumathi (supra) wherein it held as follows;

“8. This Court has also held in the judgment in 16.2.2018 in W.P. (C).No.2871/2018, which has been followed in a series of cases that the Sub Registrar is not legally justified to insist that executant should produce prior title deeds to satisfy the title and ownership of the property before he could register the deed concerned and that even possessory right could also be conveyed and there

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