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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice N.ANAND VENKATESH, J
Dayana Rexaline rep.by her power agent Mr.Anishkumar Nagaraj – Appellant
Versus
Inspector General of Registration – Respondent
ORDER
The above writ petition has been filed challenging the proceedings of the first respondent dated 23.5.2024 directing the parties to work out their remedy before the competent civil court with respect to the challenge made to the documents executed on the side of the private respondents after interfering with the order passed by the District Registrar, Chengalpet dated 16.8.2023 wherein the documents were declared to be fraudulent.
2. Heard both.
3. The facts leading to filing of this writ petition are as follows :
(i) The properties (a) measuring 24 cents in S.No.53/16 and (b) measuring 7 cents in S.No.53/10A (subject properties), Thalambur Village, Chengalpet Taluk, Kancheepuram District were originally owned by one Mrs.Samudra Rani by virtue of a partition deed dated 29.9.1950 registered as doc.No.970 of 1950 on the file of the Sub- Registrar, Thiruporur. Later, she entered into an agreement of sale with one Mr.Kothandam on 22.6.1961 agreeing to convey the subject properties. Since she did not come forward to execute the sale deed, a suit for specific performance came to be filed by the said Mr.Kothandam in O.S.No.346 of 1964 on the file of the District Munsif Court, Chengalpet
The High Court cannot resolve factual disputes in property ownership cases and must defer to civil courts for adjudication.
(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....
A registering authority must adhere strictly to judicial orders, and any registration in contravention of such orders is void ab initio.
Point of law: As per Section 6 of the Act, every entry in the record of rights shall be presumed to be true until the contrary is proved or until it is otherwise amended in accordance with the provis....
The Registration Act does not empower registrars to cancel documents, which must instead be challenged in civil court for allegations of fraud.
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