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2022 Supreme(Online)(KER) 61907

HIGH COURT OF KERALA
Devan Ramachandran, J
IBRAHIM – Appellant
Versus
SUB REGISTRAR – Respondent


JUDGMENT

The petitioner impugns Ext.P4 memo issued by the first respondent - Sub Registrar refusing to register the document presented by him with respect to his property, for the reason that no prior title document showing his ownership over the same has been produced.

2. The petitioner says that his title of the property is indubitable from Ext.P1, which records him as being the “Pattadar”, consequent to the assignment of a “Thandaper Account” in his name and therefore, that the Sub Registrar could not have gone on a roving enquiry on his title over the property in question. The petitioner relies on the judgments of this Court in Eshaque v. Sub Registrar [2002 (1) KLT 330] and Sumathi and another v. State of Kerala and others [2018 (5) KHC 586] in substantiation. He thus prays that Ext.P4 be set aside and the Sub Registrar be directed to register Ext.P2 without any further delay.

3. The afore submissions of Sri.Baby Mathew - learned counsel for the petitioner, were answered by the learned Senior Government Pleader - Smt.Mable C.Kurian, saying that the Sub Registrar has only verified whether the petitioner has any title with respect to the property before the conveyance document is

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