S.CHANDRASEKARA RAJA Vs. SUB-REGISTRAR

JUDGEMENT

(1.) Heard Mr. F.X. Eugene, Learned Counsel for the Petitioner, Mr. R. Murugan, Learned Government Advocate appearing for the First to Third Respondents and Mr. M.P. Senthil, Learned Counsel for the Fourth Respondent and perused the materials available on record apart from the pleadings of the parties.

(2.) According to the Petitioner, he had entered into an agreement of sale dated 14.08.2006 with the Fourth Respondent for purchase of her property comprising an extent of 25 acres 3 cent in Karanthaneri Village, Nanguneri Taluk, Tirunelveli District and on her refusal to execute a registered sale deed in his favour after having received the entire sale consideration, the Petitioner has filed a suit in O.S.No.15 of 2007 in the First Additional District Munsif Court, Tirunelveli and had obtained an order of interim injunction dated 22.10.2007 in I.A.No.79 of 2007 restraining her from alienating the property till its disposal. The grievance sought to be ventilated by the Petitioner in this Writ Petition is despite having filed the above suit and obtained an interim order, the First Respondent in his order No. Reg.Objec.Petn.No.27/2011 dated 14.07.2011 in response to the objection petition dated 14.07.2011 filed by the Petitioner had informed that any document presented for registration in respect of the aforesaid property belonging to the Fourth Respondent would be decided in accordance with relevant legal provisions.

(3.) In this factual backdrop, reference may be made to Section 52 of the Transfer of Property Act, 1882, which reads as follows:-