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R. SUBRAMANIAN, R. SAKTHIVEL
N. Periyasamy – Appellant
Versus
Sub Registrar – Respondent
JUDGMENT :
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 06.02.2024 in WP No.2494 of 2024 by allowing this Writ Appeal.
The appellants presented a document of partition for registration on 16.03.2023. The Sub Registrar, Paramathi refused to register the document on the ground that there was an attachment order made by the Sub Court, Namakkal which was entered in the Encumbrance Certificate in the year 2003.
2. It is the case of the appellants that the suit itself was compromised subsequently and the suit was dismissed for default as early as on 02.03.2007, despite the said decree having been placed before the Sub Registrar, the Sub Registrar has chosen to reject the document on the ground that the attachment is in force. The Writ Petition was dismissed on the premise that since the order of dismissal of the suit was not communicated and the entry in the encumbrance certificate was not removed, the Registrar was justified in issuing a check slip. We are unable to sustain the order of the learned Single Judge. An attachment as is known to law runs with the land. An attachment over the p
An attachment order does not bar the registration of property documents if the underlying suit has been dismissed, emphasizing the need for proper communication of court orders to registration author....
An order of attachment does not bar the registration of a sale deed for properties not subject to the attachment; such sales are void only concerning the attached property.
An order of attachment cannot be a bar to register a document, and the sale of a subject property pending the order of attachment is void only as against the claims enforceable under the order of att....
Registration of property cannot be denied due to encumbrance, as per established legal principles.
Arbitral tribunal lacks authority to enforce attachment orders without civil court validation, safeguarding property rights.
Point of Law : Section 83 provides for an order of attachment of any property, movable or immovable belonging to proclaimed person being issued.
A prior sale transaction cannot be invalidated by subsequent injunctions as long as the title was acquired before the injunction was issued.
Creditor rights under the SARFAESI Act allow registration of sale certificates despite existing court attachments when they arise post-mortgage.
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