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2023 DIGILAW 878 (KER)

R. Nithin, S/o. Ramesh Kumar v. Inspector General Registration Department of Registration

2023-11-07

MURALI PURUSHOTHAMAN

body2023
JUDGMENT : The petitioner states that he is the absolute owner in possession of an extent of 6 Ares 7 Sq. Mtrs of land in Re.Sy No. 203/30 of Vattiyoorkavu Village, Thriuvananthapuram. The aforesaid land originally belonged to the petitioner’s father, who settled the property in favor of the petitioner as per Ext. P2 settlement deed. Later, the petitioner’s father unilaterally cancelled the Ext. P2 settlement deed by cancellation deed No. 2182/2004, dated 25.06.2006. Challenging the same, the petitioner preferred O.S. No. 23/2008 before the Munsiff Court, Thiruvananthapuram. The Munsiff Court, by judgment dated 07.08.2009, declared that the petitioner has right, title and interest over the property covered by Ext. P2 settlement deed and also declared that the petitioner is entitled to get possession of the property. Though the petitioner’s father preferred an appeal, the Sub Court, Thiruvananthapuram, by Ext. P3 judgment dismissed the same as per Ext. P3 judgment. The said judgment has become final and the petitioner’s father expired on 22.03.2021. The petitioner thereafter approached the 2nd respondent, the Sub Registrar for endorsing the entry regarding the judgment of the Civil Court in Book No. 1 maintained under Section 51 of the Registration Act. However, the 2nd respondent refused to make any entry in the encumbrance register. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for respondents. 3. The learned Government Pleader, on instructions, submits that the Jurisdictional Sub Registrar is the Sub Registrar, Sasthamangalam. It is also submitted that the copy of the decree in O.S. No. 23/2008 has not been communicated to the S.R.O. by the Court. 4. The Sub Registrar, Sasthamangalam, Thiruvananthapuram, Pin -695010 is suo motu impleaded as additional 3rd respondent. 5. This Court called for a report from the Additional Munsiff Court, Thiruvananthapuram, as to whether the judgment and decree in O.S. No. 23/2008 dated 07.08.2009 has been communicated to the concerned S.R.O. The learned Munsiff Court in the communication dated 06.11.2023, has informed this Court that the judgment and decree in O.S No. 23/2008 dated 07.08.2009 has not been communicated to the S.R.O. concerned. Under Section 89 (5) of the Registration Act,1908 and Rule 185 of the Civil Rules of Practice of Kerala, it is incumbent upon the Court passing any decree or order, declaring, transferring, limiting or estinquishing any right, title or interest to or in immovable property in favor of or of any person to communicate to the registering officer within the local limits of whose jurisdiction, the whole or any part of the immovable property comprised in such decree or order is situated. On receiving such communication, the registering officer shall file the copy and memorandum in Book No. 1. Since, the judgment and decree in O.S. No. 23/2008 dated 07.08.2009 is not so far communicated to the S.R.O. concerned. The Additional Munsiff Court, Thiruvananthapuram is required to communicate the judgment and decree in O.S. No. 23/2008 date 07.08.2009 to the Sub Registrar, Sasthamangalam, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment. The Sub Court, Thiruvananthapuram, shall also communicate the judgment dated 13.07.2016 in A.S. No. 66/2010 to the Sub Registrar, Sasthamangalam, as expeditiously as possible, at any rate, within a period of two weeks from the date of receipt of a certified copy of this judgment. On receipt of the same, the Sub Registrar, Sasthamangalam, the additional 3rd respondent, shall make necessary entry regarding the aforesaid judgments in Book No.1. The petitioner shall pay the necessary batta for communication. The Registry of this Court shall communicate this judgment to the Additional Munsiff Court, Thiruvananthapuram as well as the Sub Court, Thiruvananthapuram. The writ petition is disposed of.