K. GOPI Vs. THE SUB-REGISTRAR

JUDGEMENT

(1.) This appeal takes an exception to the impugned judgment dtd. 20/3/2024, passed by a Division Bench of the High Court of Judicature at Madras. On 2/9/2022, a sale deed was executed by one Jayaraman Mudaliyar in favour of the appellant in respect of the property mentioned therein. The SubRegistrar refused to register the sale deed. The appellant filed a writ petition to challenge the refusal. However, the writ petition was dismissed. Thereafter, the appellant preferred an appeal to the District Registrar against the Sub-Registrar's order refusing to register the sale deed. The appeal was allowed by the order dtd. 4/9/2023, and the District Registrar directed the Sub-Registrar to reconsider his decision. By a letter dtd. 5/9/2023, the Sub-Registrar directed the appellant to resubmit the document along with proof of the vendor's title to transfer the property. On 3/10/2023, the appellant again submitted the sale deed for registration. However, by the order passed on the same day, registration was refused. A writ petition was filed against the order of refusal. The writ petition was rejected. A writ appeal was preferred against the rejection of the writ petition by the learned Single Judge, which has been dismissed by the impugned order.

(2.) The writ appeal was dismissed by the impugned judgment by holding that under Rule 55A of the Registration Rules under the Registration Act, 1908 (for short 'the 1908 Act') framed by the Government of Tamil Nadu, the Sub-Registrar was entitled to refuse the registration of the sale deed on the ground that the appellant's vendor has not established his title and ownership. The relevant part of the impugned judgment reads thus:

(3.) By the order dtd. 14/11/2024, this Court permitted the appellant to amend the present Petition for Special Leave to Appeal to incorporate a challenge to the validity of Rule 55A(i) of the Registration Rules. Accordingly, the SLP was amended. The first respondent, the Sub-Registrar, has filed a counter-affidavit on behalf of the State Government in response to the amended petition.