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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. Sathish Kumar, J
The Federal Bank Ltd. – Appellant
Versus
The Sub Registrar – Respondent
| Table of Content |
|---|
| 1. petitioner seeks registration of sale certificate. (Para 1 , 2) |
| 2. arguments on implications of rule 55-a. (Para 3 , 4) |
| 3. court analyzes conflicts with substantive law. (Para 5 , 6 , 7) |
| 4. discussion on previous legal precedents and r. 55-a. (Para 8 , 9 , 10 , 11 , 12) |
| 5. examination of procedural rules and legislative authority. (Para 13 , 14) |
| 6. court finds rule 55-a unconstitutional. (Para 15 , 16 , 17 , 18) |
| 7. effect of provisional attachment on property rights. (Para 19 , 20) |
| 8. court discusses implications and limits of revenue records. (Para 21 , 22 , 23 , 24) |
| 9. subordinate legislation can't override higher law. (Para 25 , 26 , 27) |
| 10. writ petition allowed, order to register sale certificate. (Para 28 , 29) |
ORDER
The challenge in this writ petition is an order dated 17.10.2022 passed by the first petitioner rejecting the request of the petitioner for registration of the Sale Certificate.
2. The petitioner Bank is a secured creditor of the property which was mortgaged in their favour on 19.10.2017. The deed of mortgage was registered as Doc.No.8509 of 2017 before the first respondent. As the mortgagor failed to repay the outstanding amount, the loan account was clas
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