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2012 Supreme(Mad) 1909

High Court of Judicature at Madras
VINOD K. SHARMA, J.
Metafilms (India) Ltd. Rep. by its Director V. Rajendran & Others
Versus
The Inspector General of Registration & Others
W.P.Nos.24554 of 2011, 24792 of 2011 & 25489 to 25491 of 2011 & M.P.Nos.1, 1, 1, 1, & 1 of 2011
Decided on : 17-04-2012

Advocates appeared:
For the Petitioners:Prakash Goklaney, R. Swaminathan, Advocates.
For the Respondents: R. Ravichandran, A.G.P., P. Karthikeyan, G.A.

Headnote:

Writ petitions filed by M/s. Meta Films (India) Ltd., M/s. Citrex Products Ltd., M/s. Thamiraparani Investment Ltd. and M/s. K. Balasubramanian, M. Rathinakumar and R. Subramanian claiming to be the representative of M/s. Citrex Products Ltd. challenging the registration of amendment/rectification deeds and seeking direction to return the documents. The Court held that the petitioners in W.P.No.25489 to 25491 of 2011 are entitled to relief as prayed for and ordered the return of the registered documents along with the rectification deeds on payment of additional stamp duty and registration charges finally adjudicated. The Court also dismissed W.P.No.24554 of 2011 and 24792 of 2011.

Fact of the Case:

M/s. Meta Films (India) Ltd. purchased land measuring 5 acres in S.No.124/4B and 124/12 in Peravallur Village in Ponneri Taluk, Tiruvallur district by registered sale deed dated 01.09.1997. The description of the properties given in the sale deed reads as under: "All that land comprised in Survey No.124/4B, 11 and 12, measuring 5 acres in peravallur Village, Ponneri Taluk, Tiruvallur District and bounded on the North by Kilmani Road, South by the land belonging to the vendor bearing Survey No.157/1 Thatchur Village, East by GNT Road and on the west land belonging to the vendor bearing Survey No.124/12 Peravallur and situate within the Registration District of North Madras and Registration Sub District of Ponneri. The market value of the property Rs.11,50,000/-."

Finding of the Court:

The Court held that the petitioners in W.P.No.25489 to 25491 of 2011 are entitled to relief as prayed for and ordered the return of the registered documents along with the rectification deeds on payment of additional stamp duty and registration charges finally adjudicated. The Court also dismissed W.P.No.24554 of 2011 and 24792 of 2011.

Issues: Whether the petitioners in W.P.No.25489 to 25491 of 2011 are entitled to relief as prayed for?

Ratio Decidendi: The Court held that the documents stand duly registered and adjudication for additional stamp duty and registration charges is complete, there is no justification with the respondent 1 to 3 to retain the documents and not to return the same to the petitioner in terms of Sec.61 and 62 of the registration Act.

Final Decision: W.P.No.25489 to 25491 of 2011 are ordered. The petitioner shall be entitled to return of the registered documents along with the rectification deeds on payment of additional stamp duty and registration charges finally adjudicated. W.P.No.24554 of 2011 and 24792 of 2011 are ordered to be dismissed.

Judgment :-

1. As the common question of law and facts are involved in all these writ petitions, these are disposed of by common order.

2. W.P.No.25489 of 2011 has been filed by M/s. Meta Films (India) Ltd. invoking the jurisdiction of this Court with the prayer for issuance of a writ in the nature of mandamus, directing the Sub Registrar, Taluk Office Road, Ponneri, Tiruvallur district to return the amendment (Rectification) deed dated 22.01.2009 executed by M/s. Citrex Products Ltd and submitted by the petitioner for registration and registered as Document No.377 of 2009 in the office of the second respondent.

3. M/s. Citrex Products Ltd., the vendor of the petitioner owned land measuring acres 30.80 cents in Thatchur and Peravallur Villages. The petitioner purchased the land measuring 5 acres in S.No.124/4B and 124/12 in Peravallur Village in Ponneri Taluk, Tiruvallur district by of registered sale deed dated 01.09.1997. The description of the properties given in the sale deed reads as under:

"All that land comprised in Survey No.124/4B, 11 and 12, measuring 5 acres in peravallur Village, Ponneri Taluk, Tiruvallur District and bounded on the North by Kilmani Road, South by the land belonging to the vendor bearing Survey No.157/1 Thatchur Village, East by GNT Road and on the west land belonging to the vendor bearing Survey No.124/12 Peravallur and situate within the Registration District of North Madras and Registration Sub District of Ponneri. The market value of the property Rs.11,50,000/-."

4. The submission of the petitioner is that in the sale deed executed by M/s. Citrex Products Ltd. survey numbers were wrongly mentioned. Though the total area purchased was correctly given by giving linear measurement of the property. The petitioner and vendor executed amendment (rectification) deed and stamp duty was fixed at Rs.20/-.

5. The rectification deed was presented for registration in the office of Sub Registrar along with three other deeds of amendment. The documents were accepted for registration with liberty to the petitioner to take xerox copies of the documents. The Sub Registrar, Ponneri took the documents on the assurance to return after three days.

6. The petitioner thereafter approached the office of the third respondent, but the documents were not returned, as the rectification deeds were said to be not properly stamped. The Sub Registrar therefore, referred to rectification deeds for determination of deficit stamp duty under Sec.47-A of the Stamp Act by making reference under the Stamp Act.

7. The stand of the petitioner is that no notice of adjudication of stamp duty was served on the petitioner. However, in August, 2011 the petitioner was informed that the rectification deeds have been sent to the Inspector General of Registration for necessary orders.

8. In W.P.No.25490 of 2011 and W.P.No.25491 of 2011 also prayer made is for issuance of a writ in the nature of mandamus, directing the respondents to return the amendment/Rectification deeds on the same facts as pleaded in W.P.No.25489 of 2011.

9. W.P.No.24554 of 2011 has been filed by M/s. Thamiraparani Investment Ltd. seeking direction to the respondents 1 and 2 to cancel the registration of the Amendment deeds registered as Document Nos.377-379 of 2009.

10. The submission of M/s. Thamiraparani Investment Ltd. is that M/s. Citrex Products Ltd. entered into sale agreement with the petitioner and handed over the possession of the property after the receipt of total sale consideration. It had also executed a Power of Attorney in favour of the petitioner. Subsequently, it was found that various sale deeds for land measuring 11 acres were fraudulently made by Mr. V. Rajendran and Mr. Satheesh Raj on behalf of M/s. Citrex Products Ltd. The sale deeds are under challenge in the civil Court. The petitioner however got registered the balance 14.8 acres of land by registered sale deed. During pendency of the suits, the sale deeds are sought to be rectified for land m





















































































































































































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