A pending civil suit does not bar the registration of a Settlement Deed if no established conflicting title is presented by the opposing party.

ORDER

The present writ petition is filed to quash the impugned order dated nd 29.04.2025 of the 2 respondent whereby the Settlement Deed executed by the petitioner in favour of his wife in respect of property comprised in Survey Nos.3/4, 3/5, 3/6 and 3/7, totally mesuring an extent of 0.19.00 hectares, situated at Nallur Village, Tiruppur South Taluk, Tiruppur District, (hereinafter referred to as “subject property”) was refused th registration on the premise that the 4 respondent temple claims title/ownership over the subject property and has filed a suit in O.S.No.113 of 2025 before the Sub Court, Tiruppur.

2. Brief Facts:

2.1. Subject property originally belonged to Karuppa Gounder, son of Vetrivellappa Gounder by virtue of a perpetual lease deed dated 31.12.1903 vide document No.1753/1903, before the office of the Sub Registrar, Tiruppur. Karuppa Gounder and his son, Pattai Gounder and grandson, Rakkia Gounder have been in possession and enjoyment of the subject property by virtue of Settlement Deed dated 01.06.1954 registered on 31.08.1954 as Doc.No.928/1954, (2) Maintenance Deed dated 01.06.1954 registered on 31.08.1954 as Doc. No.929/1954, and (3) Release Deed dated 01.09.1954 registered on 04.09.1954 as Doc. No. 943/1954, all registered in the office of the Sub-Registrar, Tiruppur. Thereafter, aforesaid property was in absolute possession and enjoyment of the legal heirs of Karuppa Gounder, viz., Muthusamy Gounder, Rakkia Gounder and Palanisamy Gounder.

2.2. Whileso, Settlement Tahsildar II Gobichettipalayam initiated proceedings under Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, claiming the subject property to be unenfranchised Devadayam Minor Inam Land granted for the support of Moorka Vianayagar Temple, Nallur. The said Settlement Tahsildar vide his order dated 22.08.1968 rejected the claim of Muthusamy Gounder, Rakkia Gounder and Palanisamy Gounder and further determined that Mookar Vinayagar Temple at Nallur is entitled for Ryotwari Patta in respect of the said land under Sec. 11 read with Sec. 8(2)(ii) of Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963.

2.3. Aggrieved, by the order of the Settlement Tahsildar -II, Muthusamy Gounder, Rakkia Gounder and Palanisamy Gounder preferred an Appeal in C.M.A.No.513/1969, before The Minor Inams Tribunal (Principal Sub-Court), Coimbatore. Minor Inams Tribunal by its Judgment and Decree dated 27.09.1971, allowed the appeal by holding that appellants are entitled for patta with respect to the land in S.No.3 measuring an extent of 6.22 Acres under Sec. 8(2)(1)(b) of the Act. It is submitted that pursuant to the order of the Minor Inams Tribunal, the appellants therein remitted the consideration. Thereafter, the Tahsildar, Tiruppur vide proceedings dated 23.11.1971 granted Patta in favour of Rakkia Gounder, Palanisamy Gounder and Muthusamy Gounder.

2.4. During the year 1987, land comprised in S.No.3 was sub- divided as S.Nos.3/4 to 3/8 comprising the following extent of land, viz., a) Patta No.309 in S.No.3/4 comprised lands measuring 0.48 Acre came to be issued in the name of R.Solliyappa Gounder, Son of Rakkiya Gounder;

b) Patta No.61 in S.No.3/5 measuring 0.48 Acre came to be issued in the name of R. Karuppasamy Gounder, Son of Rakkiya Gounder;

c) Patta No.229 in S.No.3/6 measuring 0.48 Acre came to be issued in the name of C. Sundarambal, Wife of Late. R.Palanisamy Gounder;

d) Patta No.359 in S.No.3/7 measuring 0.50 Acre came to be issued in the name of R.Devanan, Son of Rakkiya Gounder;

e)