R.RAMESH Vs. SUB-REGISTRAR

JUDGEMENT

(1.) The petitioner is the successful bidder in the E-Auction conducted on 9/12/2019 by respondent No.2. Upon his payment of entire sale consideration, a Sale Certificate was issued on 9/3/2020. The petitioner presented the said Sale Certificate for registration before respondent No.1 on 11/3/2020. Upon taking the same on file, respondent No.1 kept it as pending document without registering it on the premise that an attachment before judgment has been registered pursuant to the order dtd. 3/9/2015, passed by the learned III Additional District Judge, Trichy, in O.S.No.81 of 2014 and I.A.No.400 of 2014.

(2.) The learned Senior Counsel appearing for the petitioner submitted that in law, respondent No.1 cannot decline registration of the Sale Certificate. The mortgage of the property with respondent No.2 was on 24/10/2008. It was also registered. Therefore, it is the encumbrance registered subsequently byway of an order of the Court, which cannot be sustained in the eye of law. The petitioner does not seek to set aside the attachment before the encumbrance made, but merely, to register the Sale Certificate. Under those circumstances, there is no need to implicate either the plaintiff or the borrower in the suit.

(3.) The learned counsel appearing for respondent No.2 also concurred with the submissions made by the learned Senior Counsel appearing for the petitioner.