K.Jahangirbasha v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4894 of 2025 K.Jahangirbasha ... Petitioner Vs.

The Sub Registrar, Valikandapuram Sub Registrar Office, Valikandapuram, Perambalur.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, call for the records of the respondent made in No.RFL/Valikandapuram/137/2024 dated 06.11.2024, quash the same and consequentially direct the Respondent to register the sale deed dated 22.10.2024 executed by 1.Mrs. Mahbubi 2.Mrs. Jaithoonbi 3.Mr. Mohammed Rafi Ragumanbhasa 4.Mrs. Sharmilabegam and 5.Mrs.Shakila in respect of the properties situated at S.F. No. 411/ 3G1 to an extent of 0.63 Acres out of the larger extent of 3.16 acres and in S.F. No. 411 /3G1 to an extent of 0.15 Acres out of the larger extent of 3.16 Acres situated at Valikandapuram village, Veppanthattai Taluk, Perambalur district. For Petitioner : Mr.P.Krishnan For Respondents : Mr.U.Baranidharan Special Government Pleader 1/4

O R D E R

This writ petition has been filed challenging the impugned refusal Check Slip issued by the respondent dated 06.11.2024 and for a consequential direction to the respondent to entertain the Sale Deed executed in favour of the petitioner dated 22.10.2024 and to register the same.

2.Heard Mr.P.Krishnan, learned counsel appearing on behalf of the petitioner and Mr.U.Baranidharan, learned Special Government Pleader appearing on behalf of the respondent.

3.The refusal Check Slip has been issued by the respondent on the ground that the Death Certificate of the original owner and the Legal heirship Certificate were not produced. That apart, the patta stands in the name of some other person and there is no proof that the patta stands in the name of the vendor. 4.In the considered view of this Court, the vendor to the property is claiming right by virtue of a final decree passed in I.A.No.1059 of 2009 in O.S.No.43 of 1986, on the file of the District Munsif Court, Perambalur, dated 07.04.2018. The vendor is also tracing title through this final decree. The final decree has also been registered as 2/4

Document No.2136 of 2024 on the file of the respondent. Therefore, there is sufficient document to trace the title of the vendor through the final decree and that will suffice to entertain the document executed by the vendor in favour of the petitioner. The respondent shall ensure that the title is properly traced in the Sale Deed by placing reliance upon the final decree. If that is done, the document can be entertained and registered, if it is otherwise in order.

5.In the result, this writ petition stands allowed with the above directions. No Costs.

19.02.2025 Internet : Yes (1/2) Index : Yes Speaking Order / Non Speaking Order ssr To The Sub Registrar, Valikandapuram Sub Registrar Office, Valikandapuram, Perambalur.

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N. ANAND VENKATESH, J.

ssr W.P.No.4894 of 2025 19.02.2025 (1/2) 4/4