Encumbrance Certificates cannot reflect builder's liabilities post-sale, protecting petitioners' rights.

JUDGMENT

As these writ petitions involve a common issue, they are taken up for consideration together and disposed by this common judgment.

2. I have heard the learned counsel for the petitioners and the learned Government Pleader.

3. On a consideration of the facts and circumstances of the case and the submissions made across the Bar, I find force in the contentions of the learned counsel for the petitioners that the encumbrances noted against the builder of the property cannot find mention in the Encumbrance Certificate issued to the petitioners, more so, when the petitioners are not defaulters in respect of any tax. Any default occasioned by the builder, subsequent to the sale of the apartment to the petitioners, cannot prejudicially affect the petitioners' proprietary rights over the property in question.

Accordingly, these writ petitions are allowed by quashing Encumbrance Certificate in all the writ petitions, and directing the 3^rd respondent to issue fresh Encumbrance Certificates to the petitioners, that do not reflect any of the liabilities of the 8^th respondent or any other person, incurred subsequent to the date of purchase of the property by the petitioners. The 3^rd respondent shall, while issuing the fresh Encumbrance Certificates, as directed, also make consequential changes in the original records at the Sub Registrar's Office, Angamaly. The 3^rd respondent should do the needful to comply with the directions in this judgment, within three weeks from the date of receipt of a copy of this judgment.