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2021 DIGILAW 1705 (MAD)

M. Gnanambal v. State of Tamil Nadu, Represented by the Secretary, Revenue Department, Fort St. George, Chennai

2021-06-09

S.M.SUBRAMANIAM

body2021
ORDER : 1. The relief ought for in the present writ petition is to direct the fourth respondent to register and release a Sale Deed Document P.No.117/2021 presented for registration dated 21.04.2021 before the fourth respondent and handover the Sale Deed to the petitioner. 2. The petitioner states that she is the purchaser of the subject property and in this regard, the vendor one Mr.G.Jaganathan presented a Sale Deed before the fourth respondent-Sub Registrar for registration under the provisions of the Registration Act. The said document was not registered and the fourth respondent refused to register the same on the ground that a suit in O.S.No.265 of 2021 is pending. Citing the said reasons, the fourth respondent refused to register the document. Thus, the petitioner is constrained to move the present writ petition. 3. The learned counsel appearing on behalf of the petitioner states that the subject property sought to be registered through the Sale Deed dated 21.04.2021 is no way connected with the civil suit nor the petitioner and her vendor are the parties to the civil suit. The suit number itself has been erroneously stated by the Sub-Registrar as O.S.No.265 of 2021 and in fact the Interlocutory Application (I.A.) has been numbered as 265 of 2021. The suit is numbered as O.S.No.509 of 2014. 4. It is further contended that the Survey Number of the subject property in the Sale Deed is S.No.23/2A1 and the suit schedule property in the said civil suit is 23/2. The property sought to be registered through the Sale Deed by the petitioner was sub-divided as Survey No.23/2A1 and a separate patta has been issued in respect of the subject property sought to be registered through the Sale Deed. 5. Without even verifying these facts, the fourth respondent mechanically refused to register the document and therefore, the writ petition is to be allowed. 6. The learned counsel appearing on behalf of the respondent- State contended that once the order of refusal is communicated, the petitioner is bound to prefer an appeal under Section 72 of the Registration Act. Therefore, the writ petition is to be dismissed. 7. It is further stated that once the subject property is the subject matter of a civil suit, then the fourth respondent cannot register the document and therefore, the action initiated by the fourth respondent is in accordance with law. 8. Therefore, the writ petition is to be dismissed. 7. It is further stated that once the subject property is the subject matter of a civil suit, then the fourth respondent cannot register the document and therefore, the action initiated by the fourth respondent is in accordance with law. 8. Considering the arguments, this Court verified the copy of the plaint and the written statement enclosed in the typed set of papers with reference to O.S.No.509 of 2014 and I.A. No.265 of 2021 on the file of the Principal District Munsiff Court, Poonamallee. The suit schedule property set out in O.S.No.509 of 2014 reads as under:- “Schedule of Property “A” Schedule At Thiruvallur District, Poonamalle Taluk, Amudur Medu Village, Survey No.23/2 measuring 0.60 cents bounded on the North by the land belongs to Govindaraj, Swaminathan and Subramani, South by Rathinam Vagaiyara, East by Varadappa Naicker Land, West by Tank Bund. “B” Schedule At Thiruvallur District, Poonamalle Taluk, Amudur Medu Village, Survey No.23/2 measuring 0.15 cents bounded on the South by 0.30 cents in the same Survey field purchased by M.Kuppusamy under the Sale Deed dated 05.01.1965, West by Tank Bund, North by “C” Schedule mentioned property and East by Varadappa Naicker Land. “C” Schedule At Thiruvallur District, Poonamalle Taluk, Amudur Medu Village, Survey No.23/2 measuring 0.15 cents bounded on the South by “B” schedule property, West by Tank Bund, East by Varadappa Naicker Land and on the North by Govindaraj, Swaminathan and Subramani Land.” 9. The suit was instituted by Mr.P.Sivalingam (plaintiff) against 1.Tmt.G.Sumathi, 2.Mr.T.Radha, 3.Tmt.Manicka Valli, 4.Mr.Jambulingam and 5.Mr.Mohan (defendants). 10. Perusal of the plaint reveals that the petitioner Smt.Gnanambal and her vendor Mr.G.Jaganathan are not parties to the civil suit in O.S.No.509 of 2014. This apart, the schedule of the subject property in the Sale Deed is described as under:- Other Language “brhj;J tptuk; bjd;brd;id jiyik gjpt[ khtl;lk;. Mto rhu; gjpt[ tl;lk;. jpUts;S:u; khtl;lk;. g[{e;jky;yp tl;lk;. mKJ}u;nkL fpuhkk;. gl;lh vz;/35. ru;nt vz;/23-2A1?y; ml';fpa 4235 rJuo fhyp kidf;F. ehd;F vy;iyfs; tptuk; tlf;fpy; jpU/jrujd; tifahuh kid bjw;fpy; jpUkjp/yjh mtu;fspd; tPLk; kida[k; fpHf;fpy; jpUkjp/khzpf;fty;yp mtu;fspd; tPLk; kid. nkw;fpy; g";rhaj;J nuhL ehd;F gf;f mst[fs; tptuk; tlf;F gf;fk; ? 55 mo bjw;F gf;fk; ? 55 mo fpHf;F gf;fk; ? 77 mo nkw;F gf;fk; ? 77 mo Mf ,U mapl;lj;jpw;F Toa bkhj; j tp!;jPuzk; 4235 rJuo fhyp kid kl;Lk; ,e;j Rj;j tpf;fpiua gj;jpuj;jpw;F cl;gl;lJ. nkw;fpy; g";rhaj;J nuhL ehd;F gf;f mst[fs; tptuk; tlf;F gf;fk; ? 55 mo bjw;F gf;fk; ? 55 mo fpHf;F gf;fk; ? 77 mo nkw;F gf;fk; ? 77 mo Mf ,U mapl;lj;jpw;F Toa bkhj; j tp!;jPuzk; 4235 rJuo fhyp kid kl;Lk; ,e;j Rj;j tpf;fpiua gj;jpuj;jpw;F cl;gl;lJ. nkw;go brhj;J Mto khefuhl;rp cl;gl;lJ/ nkw;go brhj;jpd; jw;fhy khu;bfl; kjpg; g[ U:/5.71.750-?/@ 11. A comparison of the suit schedule property in O.S.No.509 of 2014 and the property schedule described in the Sale Deed dated 21.04.2021 reveals that the properties sought to be registered by the writ petitioner falls in patta No.35, Amudur Medu Village,Survey No.23/2A1 measuring 4,235 sq.ft. The copy of the patta is also enclosed at page No.70 of the typed set of papers filed along with this writ petition. The said patta reveals that the property was sub-divided as 23/2A1. Therefore, the subject property of the Sale Deed was already sub-divided and a separate patta has been granted. 12. After the sub-division, one Smt.G.Sumathi, wife of Gandhi settled the property in favour of the vendor to the writ petitioner Mr.Jaganathan in Settlement Deed dated 17.03.2021. Thus, Mr.Jaganathan became the title-holder of the sub-divided property. However, the fact, prima facie, reveals that the sub-divided property in Survey No.23/2A1 has not been included in the suit schedule property in O.S.No.509 of 2014. 13. This apart, Mr.Jaganathan, the vendor to the writ petitioner, also is not a party to the civil suit. If at all, the said property is a disputed property, it is for the the plaintiff to the suit to initiate appropriate action against the vendor and the writ petitioner. However, neither the writ petitioner nor the vendor are impleaded as parties in the suit and further the sub-divided property has not been incorporated in the suit schedule property and therefore, there is no impediment for the Sub-Registrar to register the document by following the procedures contemplated. 14. If at all, the plaintiff or any other parties are having any grievance or dispute regarding the subject property, it is for them to institute appropriate legal proceedings by impleading the writ petitioner as well as the vendor. 15. As of now, there is no such impediment and therefore the fourth respondent/Sub-Registrar is empowered to proceed with the registration by following the procedures contemplated. In respect of other procedures, the fourth respondent/Sub-Registrar has to verify the same and initiate appropriate action as expeditiously as possible. 16. 15. As of now, there is no such impediment and therefore the fourth respondent/Sub-Registrar is empowered to proceed with the registration by following the procedures contemplated. In respect of other procedures, the fourth respondent/Sub-Registrar has to verify the same and initiate appropriate action as expeditiously as possible. 16. With the above directions, the writ petition stands disposed of. However, there shall be no order as to costs.