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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Abdul Quddhose, J
GOVINDAMMAL – Appellant
Versus
THE INSPECTOR GENERAL OF REGISTRATION – Respondent
| Table of Content |
|---|
| 1. challenge to impugned order under section 77a noticed. (Para 1) |
| 2. court finds section 77a unconstitutional. (Para 2) |
| 3. order quashed, allowing recourse to civil court. (Para 3) |
ORDER
This writ petition has been filed challenging the impugned order dated
12.10.2022 passed by the third respondent under Section 77A of the Registration Act cancelling the sale deed and settlement deed.
2. The Division Bench of this Court by its judgment dated 02.08.2024 passed in W.P.Nos.10291 of 2022 etc.(batch) has held Section 77A of the Registration Act as unconstitutional. Therefore, the impugned order dated 12.10.2022 passed by the third respondent exercising the powers conferred under Section 77A of the Registration Act is arbitrary and illegal, and is liable to be quashed by granting liberty to the respective parties to approach the Civil Court.
3. Accordingly, the impugned order dated 12.10.2022 passed by the third respondent is hereby quashed, in view of the judgment rendered by the Division Bench of this Court in W.P.Nos.10291 of 2022 etc.(batch), dated 02.08.2024, and this writ petition is disposed of. However, the respective parties are granted liberty to approach the Civil C
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