SEKAR REPORTER

Court News from Madras High Court

Quashing the refusal slip provided by Rasipuram sub-registrar, the judge said, “The official’s decision to not register a sale deed presented by the petitioner since an appeal is pending as against the preliminary decree cannot be sustained in the eye of law. Despite judicial pronouncements, registrations are refused citing internal department circulars. It is not open to the registering authorities to interpret the judgement and decide whether the facts are applied to the particular case or not,” HC noted.

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The Madras High Court hit out at sub-registrars for issuing refusal slips for registration of sale deed in violation of various court judgments by misinterpreting them as rules applicable only to the respective cases. The court recently directed the inspector general of the registration department to issue a circular listing out the law as declared by the courts.

Hearing a petition which challenged the instance where Rasipuram sub-regisrar refused to register a sale deed, Judge N Satish Kumar said despite the law declared by this court in various cases, it was brought to notice that sub-registrars claim court judgments apply only to facts of that particular case and they were not bound by the judgement.

“Ignoring the settled principle of law, (refusal) slips were regularly issued by authorities. For effective implementation of orders and to maintain uniform guidelines, this matter must be dealt comprehensively. Only then the IG of registration will also be impleaded in the matter,” the judge observed.

Quashing the refusal slip provided by Rasipuram sub-registrar, the judge said, “The official’s decision to not register a sale deed presented by the petitioner since an appeal is pending as against the preliminary decree cannot be sustained in the eye of law. Despite judicial pronouncements, registrations are refused citing internal department circulars. It is not open to the registering authorities to interpret the judgement and decide whether the facts are applied to the particular case or not,” HC noted.

The judge added the sub-registrar’s powers are governed by the provisions of the Registration Act and interpretation of judgements could not be made by officials.

The registration IG has been directed to issue a circular within 15 days. If any sub-registrar still refuses registrations, citing internal reasons, it will invite contempt of court, the judge added.

Important orders

Sub-registrars cannot refuse registration..

  • ..on the ground that the document is not accompanied by a chitta, adangal or FMB sketch
  • ..because the original parent deed has not been produced
  • ..on the basis of objections raised by a rival claimant
  • ..on the basis of communication from the police officials
  • ..citing the existence of a mortgage or lease
  • ..on the ground that the property has been undervalued
  • ..on the ground of delay in respect of registering court decree
  • ..due to absence of No Objection (for registering document with existing lease)
  • Registration Act cannot override statutory provisions of the transfer of property

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