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2025 Supreme(Online)(Mad) 78615
HIGH COURT OF MADRAS
N. Anand Venkatesh, J
S.Amsaveni – Appellant
Versus
The Sub Registrar Office Of The Sub Registrar, Kelamangalam, Krishnagiri District – Respondent
WP No. 11063 of 2025
For the Appellants/Petitioners: K.Rajkumar for R.Bharath Kumar
For the Respondents: U.Baranidharan Special Government Pleader
An agreement of sale does not bar the owner from registering a subsequent sale deed.
Headnote:This writ petition challenges the refusal check slip issued by the respondent on the basis of a previously registered agreement of sale. The court found that such an agreement does not prevent the owner from registering a sale deed. The refusal check slip is quashed, directing the registration of the sale deed if in order. The court accordingly allows the writ petition with directions.
| Table of Content |
|---|
| 1. challenge to refusal to register a sale deed. (Para 2) |
| 2. court's finding on existing agreement's effect on registration. (Para 3 , 4) |
| 3. direction to register sale deed and case conclusion. (Para 5 , 6) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-04-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WP No. 11063 of 2025
1. S.Amsaveni W/o Seenivas 12, 3rd Cross HSR Layout Sector 7, Pommanahalli, Bangalore, Karnataka 560 068 Petitioner(s)
Vs
1. The Sub Registrar Office Of The Sub Registrar, Kelamangalam, Krishnagiri District Respondent(s)
PRAYER Writ petition filed under Article 226 of the Constitution of India for the issue of writ of Certiorarified Mandamus to call for the records relating to the impugned proceeding vide RFL / Kelamangalam / 4 / 2025 dated 06.03.2025, on the file of the Respondent herein, quash the same and consequently direct the Respondent to register the sale deed dated 05.03.2025 presented by the petitioner for registration and release the document to the petitioner within a time period stipulated by this Court.
For Petitioner(s): K.Rajkumar for R.Bharath Kumar For Respondent: U.Baranidharan Special Government Pleader ORDER This writ petition has been filed challenging the impugned refusal check slip issued by the respondent dated 06.03.2025 and for a consequential direction to the respondent to register the Sale deed dated 05.03.2025 presented by the petitioner for registration and to release the document.
2. Heard Mr.K.Raj Kumar for Mr.R.Bharath Kumar, learned counsel for the petitioner and Mr.U.Baranidaran, learned Special Government Pleader for respondent.
3. The respondent has issued the refusal check slip on the ground that already an aggreement of sale was registered in the year 2006 as Document No.6000 of 2006 and this document has not been cancelled till date. Therefore, the respondent refused to register the Sale deed presented for registration by the petitioner.
4. In the considered view of this Court, the issue involved in the present writ petition is squarelly covered by the order passed by the Division Bench of this Court in [ N.Ramayee Vs. Sub Registrar, Registration Department and another] reported in 2020 6 CTC 697 , wherein it has been held that merely because an agreement of sale has been executed, that does not in any way stop the owner of the property from dealing with the property.
5. In the light of the above decision, the refusal check slip issued by the respondent dated 06.03.2025 is unsustainable and the same is hereby quashed. There shall be a direction to the respondent to register the sale deed, if it is otherwise in order.
6. This writ petition is allowed with the above directions. No costs.
