GULAB BASHA Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THE petitioner has filed the present writ petition seeking issuance of writ of certiorarified mandamus to call for the records of the 2nd respondent in Ni.A.No.1207/2010 dated 27.10.2010, which was received on 03.11.2010, quash the same and consequently, direct the 2nd respondent to register the Deed of Settlement dated 20.10.2010 executed by the petitioner in favor of his wife, Mrs.G.Rasoolbi.

(2.) DURING the pendency of the writ petition, the 2nd respondent issued a communication dated 27.10.2010 to the Inspector of Wakf, Thiruvallur, in letter No.Ni.Aa.1207/2010, dated 27.10.2010 seeking certain clarification as to registration of the Deed of Settlement in question, since the survey number dealt with in deed, namely, S.No.97A/1A belongs to Thulukkan Chatram Wakf and a copy of the same also marked to the petitioner. Therefore, the grievance of the petitioner in the present writ petition is that when he has executed the deed of settlement dated 20.10.2010 in favour of his wife, Mrs.G.Rasoolbi, measuring to an extent of 12000 sq.ft. comprised in Survey No.97A/A lying in the back yard of Durai Abdul Wahab Street in Naravarikuppam Village and the same has been in his Late father possession for more than 25 years, which has also supported by the Certificate dated 20th March, 1990, issued by the Village Administrative Officer, Naravaikuppam Village, the 2nd respondent, after seeing the market value of the property at Rs.24,00,000/-, for which the stamp duty and the registered fee were also paid, admitted the above said deed of settlement in question presented for registration and thereupon, after obtaining signature of identifying witnesses, cannot keep the document pending without registration. Now, the 2nd respondent, after seeing the receipt for registration fee, made a note in the right margin of the document as 'Wakf'. Subsequently, on further enquiry, the 2nd respondent informed the petitioner orally that the property in question belongs to Wakf board and the same will not be registered unless the Tamil Nadu Wakf Board issues No Objection Certificate and therefore, the 2nd respondent finally, refused to release the document. 2. Mr.S.R.Sundar, learned counsel appearing for the petitioner submitted that there is no provision in the Registration Act, 1908, empowering the registering authority to enquire into the ownership of the title or property sought to be registered. Again, the registering authority cannot look into the fact whether the seller of the property in any sale deed is a rightful and lawful owner. On the other hand, the Registering Authority can initiate action only under Section 83 of the Act and by invoking Section 82 of the Act for offences like false personation alone, examining the ownership of the seller is beyond the jurisdiction and competence of the Registering Officer.

(3.) HEARD the learned counsel appearing on either side and perused the materials available on record.