JAMEELA Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) The petitioner as well as her former husband were the persons in title and possession of property having an extent of 17.5 cents situated in Re- survey No.263/2 in Nediyanad Amsom, Kozhikode Taluk. The aforesaid property was purchased by them as per the document No.871/1988. Thereafter, disputes arose between the spouses and it led to filing of O.P.No.237/2006 before the Family Court, Kozhikode by the husband of the petitioner seeking partition of his one half share. The petitioner contended that the property was purchased by her father using his funds and the name of her husband was included only as a name sake. The Family Court by judgment dated O.P.No.237/2006 passed a preliminary decree holding that the husband was also entitled to half share over the petition schedule property.

(2.) The petitioner approached this Court and preferred MAT.Appeal No.723 of 2008 challenging the judgment and decree passed by the Family Court. While the proceedings were pending before this Court, the entire disputes were settled and a compromise deed was executed. The petitioner herein is seen to have paid a sum of Rs.30,000/- to her husband for the purpose of settlement. In terms of the settlement arrived at by the parties, this Court recorded the settlement and passed Exhibit P2 Decree setting aside the decree of partition passed by the Family Court and allowing the appeal in terms of the compromise deed. The petitioner was declared as the absolute owner of the petition schedule property and it was further declared that the property was not available for partition. The Joint petition forms part of the decree.

(3.) The petitioner now wants to alienate a portion of the said property and approached the 2 nd respondent to get the deed registered. However, the 2nd respondent has refused to register the deed and has insisted that Registration cannot be effected unless the decree or order is forwarded to the said respondent.