Kalaiarasi v. The Sub-Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR
1. Mrs.Kalaiarasi
2. Mrs.Dhanalakshmi ... Appellants Vs.
The Sub-Registrar, Sub-Registrar Office, Chennimalai, Thirupur District.
... Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 17.10.2022 passed in W.P.No.26449 of 2022. For Appellants : Ms.S.Pooja Shree for M/s.A.Parthasarathy and Associates For Respondent : Mr.P.Ananda Kumar, Government Advocate
J U D G M E N T
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Appeal has been filed against the order dated 17.10.2022
passed in W.P.No.26449 of 2022.
2. The writ petitioners are the appellants before us. The petitioner presented the relinquishment deed for registration under the Registration Act, 1908. The Sub-Registrar refused to register the same on the ground that the subject property has been attached by Court proceedings.
3. The learned Single Judge relying on Section 22-B of the Registration Act, 1908 dismissed the Writ Petition. Section 22-B of the Registration Act, 1908 unambiguously stipulates that document relating to transfer of immovable property by way of sale, gift, lease or otherwise, which is attached permanently or provisionally by a competent authority under any Central Act or State Act for the time being in force or any Court or Tribunal is registrable.
4. The presentant/appellant herein presented the relinquishment deed in respect of the property, which is under attachment by the Court of law. That being the factum, we do not find any infirmity in respect of the decision arrived by the learned Single Judge in the writ proceedings.
5. Accordingly, the Writ Appeal stands dismissed. No costs. (S.M.S.,J.) (K.R.S.,J.) 12.03.2024 skr Index : Yes Speaking order To The Sub-Registrar, Sub-Registrar Office, Chennimalai, Thirupur District.
S.M.SUBRAMANIAM, J.
and K.RAJASEKAR, J.
skr 12.03.2024