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2018 DIGILAW 381 (KER)

Sree Venktachalapathy Devaswom v. State of Kerala

2018-05-23

A.MUHAMED MUSTAQUE

body2018
JUDGMENT : A. Muhamed Mustaque, J. 1. The 1st petitioner-Devaswom wants transfer of certain extent of their property in favour of the 2nd petitioner. The petitioner is in possession of 1.38 Ares in Survey No.579/3 of Edakochi Village as seen from the Thandaper Register No.385. 2. According to the 1st petitioner, mutation was effected based on a land settlement made in the year 1905 by the Erstwhile Cochin State. The 1st petitioner is not in possession of any title deed. On account of this, the Sub Registrar, Kochi refused to register their document. 3. The possession over an immovable property is a transferable interest. Therefore, what are the interest available to the transferor on the date of transfer alone would enure to the benefit of the transferee. In view of the fact that the Thandaper stands in the name of the 1st petitioner, there may not be any difficulty in assuming that the 1st petitioner is in possession of the property in question. In the absence of any other material to show that some others' name is entered in the records of the Registering Officer, the Registering Authority cannot question the competency of such a person who is presenting the document for registration on the strength of possession. No doubt, if some others' name is entered in the register, certainly, competency of the person who presents the document can be questioned. As seen from the objection slip issued by the Registering Officer, there is no prior document in respect of the property. If that be so, there may not be any difficulty in accepting the document presented for registration. Accordingly, the 4th respondent is directed to register the document presented in accordance with law. It is pointed out by the learned Government Pleader that in the Basic Tax Register, the land is classified as 'nilam'. However, in the document, the property is classified as 'paramba'. Anyhow, this Court is of the view that such classification will not be a bar in registering the document. However, this is a matter for the revenue authority to consider while effecting transfer of property. Certainly, the revenue authorities are not bound by such classification for the purpose of effecting mutation. This writ petition is disposed of as above.