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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Ms. JUSTICE P.T. ASHA, J
K. Rajinish Kumari Rai – Appellant
Versus
Government of Puducherry Department of Revenue and Disaster Management – Respondent
ORDER :
1. The petitioners have moved this Writ Petition seeking to quash the proceedings of the 2nd respondent in a proceeding bearing No.5585/DRO/RD/FRAUDULENT/REG/2022/575 dated 28.03.2022.
2. The petitioners who have compromised the dispute with the 3rd respondent and after receiving a sum of over Rs.1,00,00,000/- from her are time and again instituting proceedings totally suppressing the compromise that has been entered into between the petitioners and rd the 3 respondent and have approached this Court suppressing all these facts.
3. To demonstrate the above conduct of the petitioners, the brief facts of the case are hereinbelow set out.
Facts of the case:-
(i) Petitioner's contention:-
4. The petitioners would submit that one Kumar S/o of Marimuthu was the owner and in enjoyment of the larger extent of the property comprised in RS.Nos.154 and 155/2, Villianur Revenue Village, Villianur Puducherry. The property originally belonged to one Abdul Aziz Khan Saibu who had sold the property to one Jayaraman under a registered French Sale Deed vide document no.613, R.V.83/1944 dated 22.04.1944. The said Jayaraman had in turn sold the aforesaid property to one Marimuthu under a registered s
Parties invoking extraordinary jurisdiction must disclose all relevant facts; suppression of material facts constitutes an abuse of process and may lead to dismissal of the petition.
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.
A writ of mandamus cannot be issued without evidence of a demand for registration and subsequent refusal; misleading statements in affidavits can lead to dismissal.
Fraud vitiates every solemn proceeding, and no right can be claimed by the fraudsters on the ground of technicality.
The main legal point established in the judgment is the jurisdiction of the 2nd respondent to conduct an enquiry under Section 23(1)(a) of the Pondicherry Settlement Act and the petitioner's right to....
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