DIVAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext.P6 communication issued to the petitioner by the Registrar exercising powers under the Registration Act ('the Act' for short) in relation to a document presented by the petitioner for registration, is under challenge in this writ petition.

(2.) The case of the petitioner is that he is the owner of 14 Ares of property in re -survey No.65/7 of Thodiyoor village; that he obtained the said property by virtue of Ext.P1 partition deed; that he executed Ext.P2 settlement deed in respect of the said property in favour of his son and that when the said document was presented for registration, the Registrar refused to register the document. Ext.P6 is the communication issued by the Registrar to the petitioner in this connection. In Ext.P6, the Registrar has stated that the property sought to be conveyed as per Ext.P2 settlement deed is a property obtained by 56 persons by virtue of Ext.P1 partition deed and that the claim of the petitioner that he being the only surviving owner among the 56 persons referred to in the partition deed, the said property devolved on him, is incorrect. The petitioner is aggrieved by Ext.P6 communication.

(3.) One Thulaseedharan who got himself impleaded in this writ petition as the additional third respondent has filed a counter affidavit. In the counter affidavit, it is contended, among others, that the petitioner has no manner of right over the property and that he was not even a party to Ext.P1 partition deed as claimed by him.