No provision under Registration Act allows deletion of validly recorded encumbrance entries; pendente lite transfers do not affect decreed title rights.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Senthil ... Petitioner Vs.

1.The District Registrar, New Collector Office Road, Thanjavur District.

2.The Sub Registrar, Vallam Sub Register Office, Thanjavur District.

3.Ramamoorthy ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first and second respondents to consider the petitioner's representation dated 14.03.2026 and consequently remove the encumbrance entry relating to the Sale Deed registered as Document No.3304 of 2002 dated 30.12.2002 on the file of the Sub Registrar, Vallam, Thanjavur District, in respect of the property comprised in Survey No.53/8A and 53/8B, Thanjavur District, in view of the decree in O.S.No.195/2002 dated 13.07.2006 and the Court-executed registered Sale Deed bearing Document No.1720 of 2006, within a time frame fixed by this Court.

For Petitioner : Mr.P.Praveenkumar For R1 & R2 : Mr.F.Deepak Special Government Pleader *****

O R D E R

This Writ Petition is filed for a mandamus directing the first and second respondents to consider the petitioner’s representation dated 14.03.2026 and consequently to remove the encumbrance entry relating to the Sale Deed registered as Document No.3304 of 2002 dated 30.12.2002 on the file of the Sub Registrar, Vallam, Thanjavur District, in respect of the property comprised in Survey Nos.53/8A and 53/8B, Thanjavur District, in view of the decree in O.S.No.195 of 2002 dated 13.07.2006 and the Court-executed registered Sale Deed bearing Document No.1720 of 2006.

2. Upon hearing the learned counsel for the petitioner, it is seen that the property originally belonged to one Mary Anbu and others. They had executed an Agreement of Sale in respect of the said property on 12.11.2001. However, they did not honour the said agreement. The petitioner therefore filed a suit in O.S.No.195 of 2002 for specific performance and the same was decreed by a judgment and decree dated 29.10.2003. Pursuant thereto, the decree was executed and the Sale Deed was executed through Court and registered as Document No.1720 of

2006.

3. In the meantime, in order to create an unnecessary cloud over the title to the property, the said defendants executed a Sale Deed in favour of the third respondent, which has been registered as Document No.3304 of 2002 and finds place in the Encumbrance Certificate. Therefore, the petitioner has submitted the present representation seeking removal of the said entry from the encumbrance.

4. I have considered the submissions made by the learned counsel for the petitioner, perused the materials on record and also heard the learned Special Government Pleader appearing on behalf of the first and second respondents.

5. Even according to the petitioner, it is seen that the aforesaid sale transaction was effected pendente lite. In spite of the same, a decree was granted in favour of the petitioner and subsequently, the Sale Deed in favour of the petitioner was also executed through Court and registered. Transactions happended should reflect in the Encumbrance Certificate and cannot be erased. This position has already been considered by a Division Bench of this Court in M/s.Tamilnadu Mercantile Bank Ltd., represented by its Branch Manager vs. The Sub Registrar, SH 49, Sabai Colony, Sembakkam, Rajakilpakkam, Chennai – 600 073 and another by order dated 19.10.2024 in W.P.No. 15451 of 2024, wherein it has been held that there is no provision in the Registration Act permitting the registering authorities to delete an entry already recorded in the Encumbrance Register/Certificate. Paragraph 21 of