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R. SUBRAMANIAN, L. VICTORIA GOWRI
Inspector General of Registration, Registration Department – Appellant
Versus
M. Murugan – Respondent
JUDGMENT :
R.SUBRAMANIAN, J.
PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order passed in W.P(MD)No.6962 of 2022, dated 21.06.2022.
Being aggrieved by the direction issued by the writ Court vide order dated 21.06.2022 made in W.P(MD)No.6962 of 2022, to register the decree in O.S.No.357 of 2021, dated 05.01.2022 granted by the IV Additional District Judge, Madurai, the Inspector General of Registration is on appeal
2. The petitioner in the writ petition had filed a suit in O.S.No.357 of 2021 on the file of the IV Additional District Court, Madurai, seeking a money decree for a sum of Rs.1,51,25,000/- and interest at 12% per annum on Rs.1,50,00,000/- against one S.Sabeer Ussain, the second respondent herein. The amount that was sought to be recovered was the amount paid as advance by the first respondent herein under a unregistered sale agreement, dated 18.01.2021. In the said suit, a compromise was arrived at, in and by which, the defendant had agreed to receive the balance of consideration and execute a sale deed if he is successful in the litigation before the Revenue Authorities seeking patta. In the event of his failure, the defendant had agreed to return the
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....
The main legal point established is that decrees, if declaratory in nature and not involving any land other than the suit land, may not be compulsorily registrable under Section 17(2)(vi) of the Regi....
A compromise decree creating new rights in immovable property requires registration under Section 17 of the Registration Act if it establishes rights for the first time.
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.
The Registrar's decision under the Registration Act is summary in nature and limited in operation, and the Registrar's jurisdiction is narrower compared to the plenary jurisdiction of the Civil Court....
(1) Challenge to very execution of a document, is a challenge to its very DNA and any defect or illegality on execution, is congenital in nature.(2) Examining whether Registering Authority did someth....
The Sub-Registrar cannot refuse to register a deed solely based on the pendency of a civil suit, as established by legal precedents, affirming property rights subject to litigation outcomes.
Compromise decree comprising immovable property other than which is subject-matter of suit or proceeding requires registration, although any decree or order of a court is exempted from registration.
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