The registering authority does not have the power to refuse document registration based on the title of the vendor.

Mr. M. Murugan, learned Government Advocate takes notice for the respondents.

2. By consent of parties the main writ petition itself is taken up for final disposal, since the issue involved in this writ petition is squarely covered by earlier decision made by this Court in favour of the petitioner.

3. The petitioner sold the property situated in Survey No.267/1, Rajasuryamadai Village, measuring to an extent of 2.07.5 hectare, 5 acres and 13 cents, to one Paulraj, S/o.Veluchamy, Door No.85, Pulikara Theru, Velipattinam Post, Ramanathapuram District, by way of a sale deed, dated 16.11.2015. When the said sale deed was presented for registration before the second respondent, the same was returned by passing the impugned communication wherein and whereby the second respondent called upon the petitioner to re-present the document for registration with necessary documents supporting the title of the petitioner. In other words through the impugned communication, the second respondent raised a doubt about the title of the petitioner in respect of the property that was conveyed under the above said sale deed.

4. Whether the registering authority has powers to refuse the document presented for registration on the ground that the vendor has no title over the property, has already been considered by this Court in W.P(MD)No.10479 of 2012, dated 21.12.2012 wherein this Court has observed at paragraph Nos.7, 9 and 11 as follows:

“7.In view of submissions made on either side, the question falls for consideration is, whether the Sub-Registrar has powers to refuse the document presented for registration on the ground that the vendor has no title over the property ?

9. A reading of the said Rule would show that it is not the duty of the registering officer to enquire into the validity of the document brought to him for registration or to attend to any written or verbal protest against the registration of a document based on the ground that the executing party had no right to execute the document and he has to consider the objections raised on any one of the grounds stated in Rule 55. The said rule further would reveal that if there is any impersonation on the part of the executants to the document or these is any element of fraud, then only the Sub Registrar is entitled to enquire into the matter. But here, it is not the case of he respondent that there is impersonation of the part of the executants. On the other hand, the impugned order was passed stating that the vendor has no right over the property.

11. A reading of the said order would show that the Registrar has refused to registrar the document on the ground that the property belonged to one Kalai Selvi. On the other hand, the impugned order was passed by the Registrar by coming to conclusion that the vendor of the petitioner has no title over the property and as such, the same could not be registered. Rule 55 does not provide enquiry with regard to the right and ownership of the same. The authority concerned are only bound to verify whether there is any fraud or forgery of the document. In my opinion, the respondent ought not to have refused to register the document. In these circumstances, I do not agree with the submission made by the learned Additional Government Pleader that the Sub Registrar had acted only as per the circular issued by Inspector General of Registration. If the instruction issued by way of circular against the object of the Act and Rules framed thereunder and if the impugned order is based on the instruction, it is liable to be set aside. So far as the present case is concerned, the alleged instruction given by the Inspector General of Registration is totally against the provisions of the Act. Therefore, the impugned order cannot be sustained and the same is liable to be quashed and, accordingly, quashed.”

5. I myself considered the similar issue in W.P(MD)No.21805 of 2015 on 07.12.2015, wherein it has been observed at paragraph Nos.7 and 10 as follows:-

“7........Wh