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2021 Supreme(Mad) 3539

IN THE HIGH COURT OF MADRAS
G.K. Ilanthiraiyan, J.
S. Prakash - Appellants
Vs.
The District Registrar and Ors. - Respondent
W.P. No. 15850 of 2021 and W.M.P. No. 16733 of 2021
Decided On : 17-12-2021

Advocates:
Advocate Appeared:
For the Appellant : T. Shanmugarajeswaran
For the Respondents: Yogesh Kannadasan, Special Government Pleader and N. Manoharan

Headnote:

Constitution of India, 1950 – Article 226 - Writ of Certiorari - Possession - Possession of Property - Property Dispute - Property originally purchased by one from one by the registered sale deed registered vide Document - After verifying all parent documents, encumbrance certificate, patta etc, petitioner purchased said property from the said and presented the same for registration along with all the parent documents, encumbrance certificate, patta etc - Second respondent refused to register the same on the objections received from the third respondent - Respondent passed an order thereby, returned sale deed and refused to register same for the reason that there is a title dispute in respect of subject property and already there was a direction to approach Civil Court for appropriate relief - Aggrieved by same, petitioner preferred an appeal before the first respondent and same was also dismissed and confirmed the order passed by second respondent – It cannot be said that merely because agreement for sale is registered without any title over the property, such agreement is void, subsequent transfer is prohibited and cannot be registered. (Para 13).

Findings of the Court - It cannot be said that merely because agreement for sale is registered without any title over the property, such agreement is void, subsequent transfer is prohibited and cannot be registered - Therefore, second respondent has no right to refuse to register subsequent document on the basis of that agreement for sale was already registered in respect of very same property - It is also noted that patta issued in favour of the third respondent is also now cancelled and confirmed by Revenue Divisional Officer - Thus, vendor of petitioner has title over property and he can execute a sale deed - Petitioner is being the purchaser of the said property, sale deed can be registered and the mere pendency of agreement for sale is not an impediment to register the same.

Result - Writ petition allowed.

ORDER :

G.K. Ilanthiraiyan, J.

1. This Writ Petition has been filed for the issuance of Writ of Certiorari, calling for the records in Na. Ka. No. 670/Aa1/2020, dated 24.06.2021 on the file of the first respondent and quash the same as illegal and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

2. The case of the petitioner is that the property comprised in Survey No. 67/1, ad-measuring 2.33 acres situated at Nallur Village, Tirupur South Taluk, Tirupur District was originally purchased by one Sriharan from one Neelakandan by the registered sale deed, dated 23.01.1997, registered vide Document No. 124 of 1997. After verifying all the parent documents, encumbrance certificate, patta etc, the petitioner purchased the said property from the said Sriharan and presented the same for registration on 23.12.2019 along with all the parent documents, encumbrance certificate, patta etc,. The second respondent refused to register the same on the objections received from the third respondent. The second respondent passed an order on 22.01.2020 thereby, returned the sale deed and refused to register the same for the reason that there is a title dispute in respect of the subject property and already there was a direction to approach the Civil Court for appropriate relief. Aggrieved by the same, the petitioner preferred an appeal before the first respondent and the same was also dismissed and confirmed the order passed by the second respondent.

3. The learned counsel for the petitioner would submit that the third respondent is a third party and he has not submitted any sufficient documents to prove his title in respect of the subject property. In fact, the third respondent filed a petition to include his name in Patta No. 2620 before the Revenue Divisional Officer and same was also dismissed. On the report received from the Village Administrative Officer, the Revenue Divisional Officer, concluded that the subject property belongs to the petitioner's vendor i.e. Sriharan and he is the absolute owner and has title over the subject property. The third respondent's father had no title over the subject property and he himself created a forged Lease Agreements and executed the settlement deed in favour of the third respondent, dated 26.10.2005 registered vide Document No. 2746 of 2005. On the strength of the said settlement deed, the third respondent entered into an agreement for sale, dated 03.11.2005, registered vide Document No. 4165 of 2005 and Document No. 4221 of 2005, dated 07.11.2005 with third party buyers in respect of the subject property.

4. The said settlement deed, dated 26.10.2005 was subsequently cancelled by the third respondent's father by execution of cancellation of settlement deed, dated 11.01.2007, registered vide Document No. 116 of 2007. Therefore, the third respondent has absolutely no title or right over the property to object any registration in respect of the subject property. Without considering these aspects, the first respondent mechanically dismissed the appeal by the impugned order dated 24.06.2021. The first respondent rejected the appeal only on the ground that the third respondent had title over the property by virtue of the settlement deed, dated 26.10.2005 and subsequently he also executed an agreements for sale to the third parties, registered vide Document Nos. 4165 of 2005 and 4221 of 2005. The said settlement deed was subsequently cancelled on 11.01.2007. The third respondent with malafide intention to grab the property has created documents without any parent documents.

5. In fact, the petitioner had already filed a writ petition in W.P. No. 33936 of 2019, forbearing the second respondent from registering any documents in respect of the subject property, till the final disposal of the patta appeal pending before the revenue authorities. Subsequently, it was dismissed as withdrawn.

6. The third respondent also purchased another property which belong

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