LAWS(KER)-2023-11-99

R.NITHIN Vs. INSPECTOR GENERAL REGISTRATION

Decided On November 07, 2023
R.Nithin Appellant
V/S
Inspector General Registration Respondents

JUDGEMENT

(1.) The petitioner states that he is the absolute owner in possession of an extent of 6 Ares 7 Sq. Mtrs of land in Re.Sy No. 203/30 of Vattiyoorkavu Village, Thriuvananthapuram. The aforesaid land originally belonged to the petitioner's father, who settled the property in favor of the petitioner as per Ext. P2 settlement deed. Later, the petitioner's father unilaterally cancelled the Ext. P2 settlement deed by cancellation deed No. 2182/2004, dtd. 25/6/2006. Challenging the same, the petitioner preferred O.S No. 23/2008 before the Munsiff Court, Thiruvananthapuram. The Munsiff Court, by judgment dtd. 7/8/2009, declared that the petitioner has right, title and interest over the property covered by Ext. P2 settlement deed and also declared that the petitioner is entitled to get possession of the property. Though the petitioner's father preferred an appeal, the Sub Court, Thiruvananthapuram, by Ext. P3 judgment dismissed the same as per Ext. P3 judgment. The said judgment has become final and the petitioner's father expired on 22/3/2021. The petitioner thereafter approached the 2nd respondent, the Sub Registrar for endorsing the entry regarding the judgment of the Civil Court in Book No. 1 maintained under Sec. 51 of the Registration Act. However, the 2nd respondent refused to make any entry in the encumbrance register.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader for respondents.

(3.) The learned Government Pleader, on instructions, submits that the Jurisdictional Sub Registrar is the Sub Registrar, Sasthamangalam. It is also submitted that the copy of the decree in O.S No. 23/2008 has not been communicated to the S.R.O by the Court.