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M. DHANDAPANI
Aahila Bi – Appellant
Versus
Sub-Registrar – Respondent
ORDER :
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to proceedings in RFL/Thalavadi/9/2022 dated 17.08.2022 and to quash the order of the respondent herein in RFL/Thalavadi/9/ 2022 dated 17.08.2022 and consequently direct the respondent herein to register the final decree dated 18.04.2016 in I.A.No.353 of 2010 in O.S.No.203 of 2010 presented by the petitioner.
The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records pertaining to proceedings in RFL/Thalavadi/9/2022 dated 17.08.2022 and to quash the order of the respondent in RFL/Thalavadi/9/2022 dated 17.08.2022 and consequently direct the respondent to register the final decree dated 18.04.2016 in I.A.No.353 of 2010 in O.S.No.203 of 2010 presented by the petitioner.
2. The case of the petitioner is that the petitioner filed the suit for permanent injunction in O.S.No.6 of 2002 (renumbered as O.S.No.203 of 2010) and also obtained a final decree in I.A.No.353 of 2010 from the Sub Court, Sathiyamangalam. Thereafter, the said final decree was presented before the respondent
The limitation of four months under Section 23 of the Registration Act should not prevent the registration of court decrees, as they are eternal unless varied, modified, or set aside by a higher judi....
No circular will prevail over the Act or Rules, and the Registrar is not the competent authority to testify the validity of the decree presented for registration.
A valid decree must be registered by the Registrar without questioning its validity, as the power to set aside a decree lies solely with a competent Civil Court.
(1) Limitation prescribed under Registration Act will not stand attracted insofar as an order or decree passed by a competent court is concerned.(2) Registration fees should be levied only on total v....
The main legal point established in the judgment is that an agreement of sale which does not create interest in immovable property is not prohibited from registration under Section 22-A of the Regist....
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