S. PRAKASH Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) This Writ Petition has been filed for the issuance of Writ of Certiorari, calling for the records in Na.Ka.No.670/Aal/2020, dtd. 24/6/2021 on the file of the first respondent and quash the same as illegal and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case.

(2.) The case of the petitioner is that the property comprised in Survey No.67/1, ad-measuring 2.33 acres situated at Nallur Village, Tirupur South Taluk, Tirupur District was originally purchased by one Sriharan from one Neelakandan by the registered sale deed, dtd. 23/1/1997, registered vide Document No.124 of 1997. After verifyingall the parent documents, encumbrance certificate, patta etc, the petitioner purchased the said property from the said Sriharan and presented the same for registration on 23/12/2019 along with all the parent documents, encumbrance certificate, patta etc,. The second respondent refused to register the same on the objections received from the third respondent. The second respondent passed an order on 22/1/2020 thereby, returned the sale deed and refused to register the same for the reason that there is a title dispute in respect of the subject property and already there was a direction to approach the Civil Court for appropriate relief. Aggrieved by the same, the petitioner preferred an appeal before the first respondent and the same was also dismissed and confirmed the order passed by the second respondent.

(3.) The learned counsel for the petitioner would submit that the third respondent is a third party and he has not submitted any sufficient documents to prove his title in respect of the subject property. In fact, the third respondent filed a petition to include his name in Patta No.2620 before the Revenue Divisional Officer and same was also dismissed. On the report received from the Village Administrative Officer, the RevenueDivisional Officer, concluded that the subject property belongs to the petitioner's vendor i.e. Sriharan and he is the absolute owner and has title over the subject property. The third respondent's father had no title over the subject property and he himself created a forged Lease Agreements and executed the settlement deed in favour of the third respondent, dtd. 26/10/2005 registered vide Document No.2746 of 2005. On the strength of the said settlement deed, the third respondent entered into an agreement for sale, dtd. 3/11/2005, registered vide Document No.4165 of 2005 and Document No.4221 of 2005, dtd. 7/11/2005 with third party buyers in respect of the subject property.