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R. SUBRAMANIAN, R. SAKTHIVEL
Joint Sub-Registrar - I, Udhagamandalam, The Nilgiris – Appellant
Versus
P. Vasantha Kumari – Respondent
JUDGMENT :
(R. Subramanian, J.)
(Prayer: Writ Appeal filed under Clause 15 of the Amended Letters Patent, against the order dated 05.01.2024 made in W.P.No.36564 of 2023.)
The respondent herein filed W.P.No.36564 of 2023 seeking a Writ of Certiorarified Mandamus to call for the records of the Joint Sub-Registrar - I, Udhagamandalam / appellant herein regarding a refusal cheque slip issued by the said Officer on 29.09.2023, to quash the same and to register the decree in O.S.No.102 of 2004 in accordance with law.
2. The background facts that are necessary for disposal of the decree are as follows:-
The respondent herein had claimed that 5 cents of land in West Bury Road, Udhagamandalam Town belong to one Nallusamy Naidu. The said Nallusamy Naidu bequeathed the property in favour of the husband of the respondent under a registered Will bearing Document No. 24 of 1979. After the demise of the said Nallusamy Naidu, the Will was probated. The husband of the 1st respondent, Mr.P.Prasad died on 09.06.1993, leaving behind the 1st respondent and her daughter as legal heirs while so, the father-in-law of the petitioner, Pandurangan sold the property to one T.G.Bridget suppressing the Will. On
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.
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.
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....
No express legal bar exists to refuse registration of appellate decree confirming already registered original decree.
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