MRS.GULNAR FAKHRUDDIN Vs. TAMILNADU CHIEF CONTROLLING REVENUE AUTHORITY & INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The petitioners herein had filed C.S.No.640 of 2019 before the original side of this Court for partition and separate possession. On 6/2/2020, this suit came to be compromised and this Court passed a compromise decree. This Court specifically added that the compromise decree may be communicated by the Registry to the concerned Registering Authority, the second respondent herein. However, the second respondent failed to comply with the order dtd. 6/2/2020, following which the petitioners issued a legal notice dtd. 3/8/2020 on the respondents herein. There have been an earlier instance where in C.S.No.193 of 2014, a similar order was passed, by which a compromise decree in that suit was caused to reflect in the encumbrance certificate. In this regard, Sec.17(2)(vi) of the Registration Act as well as Sec. 89(2) of the Registration Act are significant. On the above pleadings, the petitioners seek a direction to the Registration Authority to enter the compromise decree in the Register intended for recording the encumbrances.

(2.) In the counter it is principally contended:

(3.) Heard both sides. The learned counsel for the petitioners would submit that inas-much as the Court Vide its Order dtd. 11/11/2020 has directed registration of the compromise decree that it had passed on 6/2/2020 in Book I, the Registering Authority is left with no choice but to register it in Book I consistent with the direction. He also emphasised that the case would fall under Sec. 89(2) of the Registration Act.