Madras High Court
M.Chitra vs The Sub-Registrar on 1 September, 2014
Author: T.S.Sivagnanam
Bench: T.S.Sivagnanam
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.09.2014 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P(MD)No.14388 of 2014 M.Chitra : Petitioner Vs. The Sub-Registrar, Vadamadurai, Dindigul District. : Respondent PRAYER Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus by directing the respondent to register the Memorandum of Deposit of Title Deeds, dated 24.07.2014, presented on 25.07.2014 and pass such further or other orders. !For Petitioner : Mr.M.S.Sureshkumar ^For Respondent : Mr.K.Guru, Additional Government Pleader :ORDER
The petitioner seeks for a direction upon the respondent to register the Memorandum of Deposit of Title Deeds, dated 24.07.2014.
2.Mr.K.Guru, learned Additional Government Pleader takes notice for the respondent. By consent, the writ petition itself is taken up for final disposal.
3.The property in S.F.No.346, Singarakottai Village, Vedasandur Taluk, Palani R.D., Dindigul District measuring 4 acres and 76 cents was originally owned by one Palanisamy, son of Poyzana Gounder and he sold the same in favour of Mahalingam, who is the son of the petitioner and the said Mahalingam settled the property in favour of the petitioner by a deed of settlement, dated 04.07.2011. The petitioner approached Canara Bank, Vadamadurai Branch for obtaining loan by way of depositing the title deeds and when he presented to register the Memorandum of Deposit of Title Deeds to the respondent, the respondent refused to register the same, stating that there is a subsisting attachment made by a Civil Court, vide order, dated 13.07.2012. The petitioner obtained an Encumbrance Certificate and explained to the respondent that the settlement deed executed in favour of the petitioner was much prior to the order of attachment. However, the respondent refused to entertain the document for creating deposit of title deeds in favour of Canara Bank, Vadamadurai.
4.Section 71 of the Registration Act, 1908 deals with reasons for refusal to register which has to be recorded. In terms of Sub-Section (1) of Section 71, every Sub Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub district, shall make an order of refusal and record his reasons for such order in his book No.2, and endorse the words 'registration refused' on the document, and on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. In terms of Sub-Section (2), no registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
5.In such circumstances, merely because there is an order of attachment passed by a Civil Court, the same cannot be a ground to refuse to register the Memorandum of Deposit of Title Deeds. If any deposit of title deeds is created in respect of the said property pursuant to the right acquired by the petitioner, vide settlement deed, dated 04.07.2011, it is always subject to further orders to be passed by the Civil Court. The petitioner's case is that she acquired title by way of settlement deed dated 04.07.2011, much prior to the order of attachment. Further, the learned counsel appearing for the petitioner placed reliance on Order 38, Rule 10 C.P.C. stating that attachment before Judgment shall not affect the rights, existing prior to the attachment, of persons not parties to the suit, nor bar any person holding a decree against the defendant from applying for the sale of the property under attachment in execution of such decree. The lending bank namely, Canara Bank, Vadamadurai if satisfies with the title of the petitioner over the property, can request the Registrar to register the document. In such circumstances, merely because an order has been passed by the Civil Court effecting attachment, cannot be a bar for entertaining a document for registration. Hence, the reasons assigned by the respondent refusing to register, vide his memo, dated 25.07.2014, is not in accordance with law beyond the scope of Section 71 of the Act.
6.For the above reasons, the writ petition is allowed and the respondent is directed to accept the Memorandum of Deposit of Title Deeds dated 24.07.2014 and register the same within a period of four weeks from the date of receipt of a copy of this order. It is made clear that mere registration of the Memorandum of Deposit of Title Deeds will not in any manner affect any order of attachment, which was already effected and placed in the Encumbrance Certificate. No costs.
01.09.2014
Index : Yes/No
Internet : Yes/No
smn
T.S.SIVAGNANAM, J.
smn
To
The Sub-Registrar,
Vadamadurai,
Dindigul District.
ORDER MADE IN
W.P(MD)No.14388 of 2014
01.09.2014