MADHUSOODANAN NAIR Vs. SUB REGISTAR

JUDGEMENT

(1.) The petitioner is stated as owner of the property having an extent of 33 Ares, 85 square meters comprised in Survey Nos. 153/2 and 153/3 of Karumady Village. To start a joint venture, the petitioner was made to execute a Sale Deed No. 302/2009 of SRO, Ambalapuzha, on 7/2/2009 in favour of the transferee. But, later, the petitioner realised that, it was by virtue of an instance of fraud, that the petitioner was made to subscribe his signature to the above Sale Deed. Immediately, the petitioner approached the Sub Court, Aalppuzha by filing O.S. No. 71/2009 seeking declaration to the effect that the Sale Deed was null and void. It is stated that the suit was decreed ex parte, in favour of the petitioner, as borne by Ext. P2 dated 29/10/2011. The petitioner also points out that pursuant to the said decree, mutation and other formalities are completed in favour of the petitioner and the petitioner is enjoining the property, also remitting the tax and retaining the possession. But, on taking an encumbrance-free certificate, the petitioner came to realise that the declaration made by the Sub Court has not been entered in the relevant records and in the said circumstances, the petitioner approached the respondent for effecting necessary entries, which has not come out successful and hence the writ petition. The learned counsel for the petitioner submits that, by virtue of the mandate under the statutory prescription as per Section 89(5)(b) of the Registration Act, the respondent is bound to effect necessary entries and the refusal on the part of the respondent is liable to be interfered by this Court.

(2.) Heard the learned Government Pleader appearing for the respondent as well, who submits that, there is absolutely no fault or laches on the part of the respondent in this regard and as borne by the legal provisions, it is obligatory for the party to take necessary steps to have the verdict passed by the Civil Court to be communicated to the respondent, for being acted upon. Section 89(5) of the Act reads as follows: