Back
THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, R.SAKTHIVEL
Udayalakshmi – Appellant
Versus
District Registrar, Chengalpattu District, Chengalpattu – Respondent
| Table of Content |
|---|
| 1. petitioner seeks registration of sale deed. (Para 1 , 2) |
| 2. single judge dismissed for pending suit. (Para 3) |
| 3. pendency of suit does not bar alienation. (Para 4 , 5 , 6) |
| 4. order set aside; instrument to be registered. (Para 7) |
JUDGMENT :
R. SUBRAMANIAN, J.
1. The appellant is aggrieved by the dismissal of the writ petition with the following prayer:-
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the Refusal Check Slip in FEF/Thiruporur/8/2024 dated 02.03.2024 on teh file of the Joint Sub Registrar II, Dindigul, the respondent No.2 to receive and register the Sale Deed dated 02.03.2024 presented by the petitioner in favour of Ayisha W/o Shahul Hameed in respect of the property, being land in New Natham Survey No.255/8, Old Natham Survey No.109/1A, Thiruporur Village, Thiruporur Taluk, Chengalpattu District to an Extent of 9 ½ Cents, within a time frame as may be fixed by this Court.
2. The challenge in the writ petition was to the Refusal Check Slip issued by the Sub-Registrar, Thiruporur dated 02.03.2024, which reads as follows:-
Reason of Refusal:
3. The learned Sin
Pendency of a suit doesn't bar property alienation unless restrained by an injunction; registration cannot be refused solely on grounds of pending litigation.
The central legal point established is that the pendency of a suit alone cannot be a valid ground for refusing the registration of a document related to the subject property, without an interim order....
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.
The absence of an interim order in a civil suit does not preclude the registration of a Sale Deed.
Sub-Registrar cannot refuse document registration based on title disputes without proper enquiry and survey number verification.
Lis pendens or pending suit does not restrain document registration absent injunction or court order.
The Sub Registrar cannot refuse registration of a document solely due to title disputes unless it is proven the vendor has no title over the property in question.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
