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2023 Supreme(Online)(MAD) 41003
MADRAS HIGH COURT
G.R.SWAMINATHAN, J
2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2023 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.28970
)No.28970
The production of the original mortgage deed is not necessary for the cancellation of a mortgage deed when the parties have arrived at a consensus to cancel the mortgage.
Headnote:
REGISTRATION OF DOCUMENTS - CANCELLATION OF MORTGAGE - PRODUCTION OF ORIGINAL DEED - NOT NECESSARY - CONSENSUS BETWEEN PARTIES - IMPOUNDED REFUSAL CHECK SLIP QUASHED.
Fact of the Case:
The petitioner sought to cancel a mortgage deed executed in 1985. The Sub-Registrar refused to register the cancellation deed due to the non-production of the original mortgage deed.
Finding of the Court:
The court held that the production of the original mortgage deed was not necessary in this case, as the parties had arrived at a consensus to cancel the mortgage.
Issues: Whether the production of the original mortgage deed is necessary for the cancellation of a mortgage deed.
Ratio Decidendi: The court relied on the principle that the insistence on the production of the original deed is not necessary when the parties have arrived at a consensus to cancel the mortgage.
Final Decision: The court quashed the refusal check slip issued by the Sub-Registrar and directed him to register the cancellation deed upon fulfillment of usual formalities.
W.P(MD)No.28970 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.01.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.28970 of 2022
and
W.M.P(MD)No.22949 of 2022
Ahamad
... Petitioner
Vs
1.The Sub Registrar,
Ambasamudram Sub Registrar Office,
Tirunelveli District.
2.Muthupandi
... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the records
pertaining to the impugned refusal check slip issued by the first respondent in
RFL/Ambasamudram/51/2022 dated 14.12.2022 and quash the same as illegal
and consequently direct the first respondent to register the cancellation for the
mortgage deed dated 14.12.2022.
For Petitioner
: Mr.A.Sankararamasubramanian
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader for R.1
Mr.C.Saravanakumar for R.2
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W.P(MD)No.28970 of 2022
ORDER
Heard the learned counsel appearing on either side.
2. The property mentioned in the writ petition belongs to the second
respondent. He had mortgaged the same in favour of the writ petitioner way
back in the year 1985. The second respondent now wants to redeem the
mortgage. When document to this effect was presented, the first respondent
declined to receive the same on the ground that the original deed was not
produced. The refusal check slip was issued citing this reason. Challenging the
same, the writ petitioner has filed the present writ petition. The second
respondent of course sailing with the petitioner.
3. After considering the rival contentions and objections raised by the
learned Additional Government Pleader, I am more than satisfied that the
impugned refusal check slip has to be quashed. The parties have arrived at a
consensus. This is not a case in which there should be any insistence on the
production of the original deed is necessary. After all, they only want to cancel
the earlier mortgage.
4. In this view of the matter, the impugned refusal check slip is quashed.
The parties are permitted to re-present the document. The first respondent shall
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W.P(MD)No.28970 of 2022
receive the same, register it and release it subject to fulfilment of usual
formalities. This writ petition is allowed on these terms. There shall be no
order as to costs.
06.01.2023
Index
: Yes / No
Internet
: Yes / No
NCC
: Yes / No
MGA
To
The Sub Registrar,
Ambasamudram Sub Registrar Office,
Tirunelveli District.
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W.P(MD)No.28970 of 2022
G.R.SWAMINATHAN, J.
MGA
W.P(MD)No.28970 of 2022
and
W.M.P(MD)No.22949 of 2022
06.01.2023
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https://www.mhc.tn.gov.in/judis
