LAWS(MAD)-2021-12-70

HIRANANDANI TOWNSHIP PRIVATE LIMITED Vs. CHIEF CONTROLLING REVENUE AUTHORITY AND INSPECTOR GENERAL OF REGISTRATION

Decided On December 02, 2021
Hiranandani Township Private Limited Appellant
V/S
Chief Controlling Revenue Authority And Inspector General Of Registration Respondents

JUDGEMENT

(1.) All the writ petitions have been filed to call for the records pertaining to the order of the first respondent in proceedings, bearing No.53024/Pl/2011, dtd. 10/4/2012 and the Certificate bearing No.8039/B2/2008, dtd. 4/10/2011 issued by the second respondent and quash the same and forbear the respondents from initiating any further actionbasis the Agreement for sale in respect of the subject property.

(2.) The petitioner is one and the same in all the writ petitions. The case of the petitioner is that the petitioner company had entered into an agreement for sale with its vendor and presented for registration before the third respondent and all the agreement for sale were registered in the following manner for the purchase of certain agricultural lands,

(3.) The lands comprised in various survey numbers situated at Thaiyur Village, Chengalpattu Taluk, Kancheepuram District (herein after called as "subject property"). The vendor had agreed to sell the subject property to the petitioner company and agreed to execute a sale deed in favour of the petitioner company, subject to satisfaction of clear and marketable title. Under the agreement of sale, the full sale consideration was paid by the petitionercompany to the vendor and the vacant possession was also handed over to the petitioner company by its vendors. All the agreement for sale were presented for registration and the petitioner had paid Rs.100.00 towards stamp duty, as per the Article 5(j) of the Schedule 1A of the Indian Stamp Act, 1899, as applicable in the State of Tamil Nadu (herein after called as "the Act") and also paid 1% on the sale consideration as registration fees. Accordingly, the above said manner of the agreement for sale were registered by the third respondent.