C.DEENATHAYALAPANDIAN Vs. SUB-REGISTRAR, SAYALKUDI MOOKAIYUR ROAD

JUDGEMENT

(1.) This Writ Petition is filed to direct the first respondent to register the sale deed, dated 20 July 2020, executed by the second respondent, in favour of the petitioner relating to 1 acre and 80 cents of land in the Eastern portion of 2.70.00 hectares, bearing Survey.No.87/1 situated at Kannirajapuram Village, Kadaladi Taluk, Ramanathapuram District..

(2.) Heard Mr.K.Saravanan, learned counsel appearing for the petitioner, Mr.V.Anand, learned Government Advocate appearing for the first respondent and Mr.S.Sivathilakar, learned counsel appearing for the second respondent.

(3.) According to the petitioner, originally the petition mentioned property belonged to the father of the second respondent viz., R.Muthu Nadar and after the demise of the said Muthu Nadar, the second respondent and his brother are jointly in possession and enjoyment of the said property. The said properties were partitioned by an oral partition between themselves. Pursuant to which, the petitioner is the absolute owner of the petition mentioned property. Therefore, the second respondent was willing to sell the said property to the petitioner for valid consideration and the second respondent has executed a sale deed. Thereafter, the petitioner presented the said sale deed for registration before the first respondent through on-line. However, the first respondent refused to register the said sale deed stating that the second respondent did not produce the original sale deed dated 24th January 1945. The second respondent informed the first respondent that the original sale deed was lost. The second respondent issued a paper publication reporting the loss of original sale deed and also gave a police complaint reporting the loss of original sale deed in C.S.R.No.132/2020. Thereafter, the second respondent approached the first respondent to register the said document. Since the first respondent refused to register the same, the petitioner is before this Court.