Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
TEEKAA RAMAN, N.SENTHILKUMAR
Senthil Murugan – Appellant
Versus
Sub Registrar, Ottapidaram – Respondent
JUDGMENT :
TEEKAA RAMAN, J.
1. The unsuccessful writ petitioner is the appellant herein.
2. The second respondent is the owner of the petition mentioned property. He borrowed loan from the third respondent. Since the second respondent committed default in repaying the loan amount, the third respondent filed a suit before the Sub Court, Kovilpatti, in O.S.No.99 of 2019, seeking for recovery of the amount due to him. Pending suit, the third respondent moved I.A.No.217 of 2019 under Order III Rule 5 of the Code of Civil Procedure, wherein the learned Trial Judge has passed an order of attachment before judgment on 01.07.2019. Since the order of attachment before judgment is in force, the first respondent refused to register the document presented by the second respondent and the appellant / writ petitioner for registration.
3. Mr.Ajmal Khan, learned Senior Counsel, appearing for the appellant would contend that an order of attachment only creates a charge over the property and it does not create a statutory bar to the registering authority, namely, the Sub Registrar, Ottapidaram, for registering the sale deed produced by the alleged judgment debtor.
4. On factual position of law, learned S
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....
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....
Registration of property cannot be denied due to encumbrance, as per established legal principles.
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
