Case Note & Summary
The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging the refusal of the Sub Registrar to register sale deeds. In W.P(MD)No.24051 of 2024, the petitioner Dheivanayagi presented a sale deed for registration, but the Sub Registrar, Nanguneri, refused to register it by order dated 18.09.2024 in P/Nanguneri/35/2024, citing objections raised by third parties (respondents 3 to 5). The document was kept pending as a pending document. Similarly, in W.P(MD)No.24042 of 2024, the petitioner Chellammal presented a document for registration, and the Sub Registrar issued a Refusal Check Slip dated 27.09.2024 in RFL/Nanguneri/44/2024, refusing registration on the same ground of third-party objections. The petitioners sought quashing of these refusal orders and a direction to register the documents. The court heard the learned counsel for the petitioners, the Additional Government Pleader for the respondent authorities, and the counsel for the impleaded private respondents. The court observed that the Registering Officer cannot refuse registration based on objections raised by third parties unless there is a statutory prohibition under the Registration Act, 1908. The court noted that the impugned orders were passed without any legal authority and were liable to be quashed. Accordingly, the court allowed both writ petitions, quashed the impugned orders, and directed the respondents to register the documents if they are otherwise in order, within a period of two weeks from the date of receipt of a copy of the order. The court also directed that the documents be registered without reference to the third-party objections.
Headnote
A) Registration Act - Refusal to Register - Third-Party Objections - Section 22-A, Section 35, Section 71 of the Registration Act, 1908 - The petitioner presented a sale deed for registration, but the Sub Registrar refused to register it on the ground that third parties had raised objections. The court held that the Registering Officer cannot refuse registration based on third-party objections unless there is a statutory bar under the Act. The impugned order was quashed, and the respondents were directed to register the document if it is otherwise in order, within two weeks. (Paras 1-5) B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The court exercised its writ jurisdiction under Article 226 to quash the refusal order and direct registration, as the refusal was without legal authority. (Paras 1-5)
Issue of Consideration
Whether the Sub Registrar can refuse to register a sale deed solely on the ground of objections raised by third parties, without any statutory prohibition under the Registration Act, 1908.
Final Decision
Both writ petitions are allowed. The impugned orders dated 18.09.2024 in P/Nanguneri/35/2024 and the Refusal Check Slip dated 27.09.2024 in RFL/Nanguneri/44/2024 are quashed. The respondents are directed to register the documents presented by the petitioners if they are otherwise in order, within a period of two weeks from the date of receipt of a copy of this order, without reference to the third-party objections.
Law Points
- Registration Act
- 1908
- Section 22-A
- Section 35
- Section 71
- Article 226 of Constitution of India
- Writ of Certiorarified Mandamus
- Refusal to register document
- Third-party objections
- Pending document
- Duty of Registering Officer
