Back
2024 Supreme(Online)(MAD) 15324
HIGH COURT OF MADRAS
Honourable Mr Justice R. SUBRAMANIAN
K.C. MOHAN – Appellant
Versus
The Sub Registrar – Respondent
Pending lawsuits do not suffice for registration refusal unless statutory provisions indicate otherwise, protecting property rights.
Headnote:
Registration - Sale Deed - Registration Act - Sections 22-A, 22-B; Transfer of Property Act - Section 52 - Summary highlights that registration may not be refused due to pending litigation if statutory grounds are not met, reinforcing property rights and judicial interpretation of registration provisions.
Fact of the Case:
The appellant challenged the refusal of his sale deed registration by the Sub-Registrar on grounds that a suit concerning the property was pending. The Single Judge dismissed the petition supporting the refusal.
Finding of the Court:
The court found that the refusal to register was unjustified as the pendency of a suit does not provide grounds for refusing registration under the relevant legal provisions.
Issues: Whether the Sub-Registrar could refuse to register a sale deed solely due to pending litigation concerning the property.
Ratio Decidendi: The court held that the mere fact of pending litigation does not serve as sufficient legal basis for registration refusal if no other statutory grounds are present.
Final Decision: The writ appeal is allowed and the refusal check slip is set aside.
JUDGMENT
(made by R.SUBRAMANIAN, J.)
The appellant is aggrieved by the dismissal of his petition in WP No.28570 of 2023. The challenge in the writ petition was to the refusal check slip issued by the Sub-Registrar, Krishnagiri, refusing to register the sale deed on the ground that the suit in OS No.111 of 2023 is pending and the property in question viz., the property in S.No.124/8A is the subject-matter of the said suit.
2. Learned Single Judge has dismissed the writ petition on the ground that since the suit is pending in respect of larger extent of the said survey number, refusal to register is justified.
3. The Registrar can refuse the register documents only under certain circumstances enumerated either under Section 22-A or Section 22-B of the Registration Act or Rule 55A of the Registration Rules.
4. Sections 22-A and 22-B of the Registration Act read as follows:
“22-A. Refusal to register certain documents.—
Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:—
(1) instrument relating to the transfer of immovable properties by way of sale, gift, mortgage, exchange or lease,—
(i) belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;
(ii) belonging to, or given or endowed for the purpose of, any religious institution to which the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 is applicable;
(iii) donated for Bhoodan Yagna and vested in the Tamil Nadu State Bhoodan Yagna Board established under section 3 of the Tamil Nadu Bhoodan Yagna Act, 1958; or (iv) of Wakfs which are under the superintendence of the Tamil Nadu Wakf Board established under the Wakf Act, 1995, unless a sanction in this regard issued by the competent authority as provided under the relevant Act or in the absence of any such authority, an authority so authorised by the State Government for this purpose, is produced before the registering officer;
(2) instrument relating to the transfer of ownership of lands converted as house sites without the permission for development of such land from planning authority concerned:
Provided that the house sites without such permission may be registered if it is shown that the same house site has been previously registered as house site.
Explanation I.—For the purpose of this section ‘local authority’ means,—
(i) any Municipal Corporation constituted under any law for the time being in force; or (ii) a Municipal Council constituted under the Tamil Nadu District Municipalities Act, 1920 ; or (iii) a Panchayat Union Council or a Village Panchayat constituted under the Tamil Nadu Panchayats Act, 1994 ; or (iv) any other Municipal Corporation, that may be constituted under any law for the time being in force.
Explanation II.—For the purpose of this section ‘planning authority’ means the authority constituted under section 11 of, and includes the Chennai Metropolitan Development Authority established under section 9-A of the Tamil Nadu Town and Country Planning Act, 1971;
(3) instrument relating to cancellation of sale deeds without the consent of the person claiming under the said sale deed.”.
“22-B. Refusal to register forged documents and o ther documents p rohibited by law.—
Notwithstanding anything contained in this Act, the registering officer shall refuse to register the following documents, namely:—
(1) forged document;
(2) document relating to transaction, which is prohibited by any Central Act or State Act for the time being in force;
(3) document relating to transfer of immovable property by way of sale, gift, lease or otherwise, which is attached permanently or provisionally by a competent authority under any Central Act or State Act for the time being in force or any Court or Tribunal;
(4) any other document as the State Government may, by notification, specify.”.
A reading of the above provisos mak
