P.SELVAM Vs. DISTRICT REGISTRAR,(ADMIN)

JUDGEMENT

(1.) This Writ petition has been filed challenging the impugned order passed by the first respondent, directing the compulsory registration of the sale deed that was presented by the third respondent.

(2.) The case of the petitioners is that they are the owners of the property and they entered into an agreement of sale with the third respondent. The third respondent is a close relative of the petitioners. As per the agreement, a total consideration of a sum of Rs.5,77,500/- was fixed and a sum of Rs.70,000/- was received as advance from the third respondent. Further, the case of the petitioners is that the third respondent prepared a sale deed and got the signature of the petitioners with a promise to settle the entire balance sale consideration. Since the third respondent did not come forward to settle the balance sale consideration, the petitioners refused to go over to the Sub-Registrar Office for registering the sale deed.

(3.) The third respondent presented the sale deed for registration on 13.09.2017 and it was kept as pending Document No.12 of 2017. Thereafter, the third respondent submitted an application to conduct an enquiry under Section 35 of the Registration Act, 1908. The enquiry was conducted by the Sub-Registrar and he submitted a report to the first respondent. Pursuant to the same, the first respondent has passed the impugned order dated 02.04.2019 directing compulsory registration of the document. Aggrieved by the same, the present Writ petition has been filed before this Court.