Case Note & Summary
The petitioner, Jamal, owned property bearing S.No.330/3B, measuring 1 hectare, 43 ares and 5.0 sq.mtr, situated at Narippur Village, Kadaladi Taluk, Ramanathapuram District. While he was in possession, he discovered that the third respondent Sub-Registrar had entered a sentence in the Encumbrance Register stating 'to be paid Rs.15,66,570/- as per Paramakudi Arbitral Tribunal Case No.483/2023' against his property. The petitioner contended that this entry was made without any authority and without notice to him, and that the arbitral award was not a decree that could be registered. He filed a writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the respondents 1 to 3 (Inspector General of Registration, District Registrar, and Sub-Registrar) to delete the said entry from the Encumbrance Register. The respondents 1 to 3 were represented by the Special Government Pleader, and respondent 5 (Shriram Finance Limited) was represented by counsel. Respondents 4, 6, and 7 did not appear. The court heard the learned counsel on either side and perused the materials. The court noted that the Sub-Registrar had no authority to enter an arbitral award in the Encumbrance Register without a decree or order from a competent court. The court held that the entry was without jurisdiction and directed the respondents 1 to 3 to delete the sentence from the Encumbrance Register within a period of four weeks from the date of receipt of a copy of the order. The writ petition was allowed with no order as to costs.
Headnote
A) Registration Law - Encumbrance Register - Deletion of Entry - Writ of Mandamus - The petitioner sought deletion of an entry recording an arbitral award in the Encumbrance Register of his property. The court held that the Sub-Registrar had no authority to enter the award without a decree or order from a competent court, and directed deletion of the entry. (Paras 1-5) B) Arbitration Law - Arbitral Award - Registration - Section 52A of Registration Act, 1908 - An arbitral award is not a decree and cannot be registered under Section 52A unless it is a consent award. The court held that the entry of the award in the Encumbrance Register was without jurisdiction and liable to be removed. (Paras 3-5) C) Writ Jurisdiction - Mandamus - Alternative Remedy - The court held that a writ of mandamus is maintainable when the authority acts without jurisdiction, even if an alternative remedy exists. The petitioner was not required to file a civil suit for deletion of the entry. (Paras 4-5)
Issue of Consideration
Whether the Sub-Registrar can enter an arbitral award in the Encumbrance Register without proper authority and whether the court can direct deletion of such entry through a writ of mandamus.
Final Decision
The court allowed the writ petition and directed the respondents 1 to 3 to delete the sentence 'to be paid Rs.15,66,570/- as per Paramakudi Arbitral Tribunal Case No.483/2023' from the Encumbrance Register of the petitioner's property within a period of four weeks from the date of receipt of a copy of the order. No order as to costs.
Law Points
- Writ of Mandamus
- Encumbrance Register
- Arbitral Award
- Registration Act
- 1908
- Section 52A
- Section 89
- Section 17
- Section 49
- Limitation Act
- 1963
- Article 137
