Case Note & Summary
The case involved writ appeals filed by the District Registrar and Sub Registrar of Dharmapuri District against the order of a learned single Judge allowing writ petitions for the registration of sale deeds. The writ petitions were filed under Article 226 of the Constitution of India, seeking to quash refusal check slips issued by the Sub Registrar for three properties. The petitioners claimed to have purchased the properties from R.M.Sankar through a power of attorney. The learned single Judge allowed the writ petitions on the grounds that adjacent properties had been registered and there was no impediment to register the sale deeds. The appellants contended that the writ petitions were allowed without giving them an opportunity to file counter affidavits, violating principles of natural justice. They argued that the properties were developed as unapproved layouts and could not be registered without regularisation as per Section 22-A(2) of the Registration Act, 1908. The court analyzed the relevant provisions of the Registration Act and the Tamil Nadu Regularisation of Unapproved Plots and Layouts Rules, 2017, concluding that the properties in question were not regularised and thus the refusal to register the sale deeds was justified. The court set aside the learned single Judge's order, allowing the writ appeals and closing the connected miscellaneous petitions.
Headnote
A) Registration Law - Refusal of Registration - Justification for Refusal - Registration Act, 1908, Section 22-A(2) - The court held that the refusal to register the sale deeds was justified as the properties were not regularised and did not meet the criteria under Section 22-A(2) of the Registration Act, 1908. The learned single Judge's order was set aside as it was against the statutory provisions (Paras 17-18).
Issue of Consideration
Whether the refusal to register the sale deeds under Section 22-A(2) of the Registration Act, 1908 was justified.
Final Decision
The court allowed the writ appeals, set aside the order of the learned single Judge, and upheld the refusal to register the sale deeds as the properties were not regularised under Section 22-A(2) of the Registration Act, 1908.
Law Points
- Writ of Certiorarified Mandamus
- Registration Act
- 1908
- Section 22-A(2)
- Tamil Nadu Regularisation of Unapproved Plots and Layouts Rules
- 2017
- principles of natural justice
