RUKMANI GANESAN Vs. SUB-REGISTRAR

JUDGEMENT

(1.) THE prayer in the Writ Petition is for issuance of a Writ of Certiorarified Mandamus, to set aside the impugned order passed by the respondent and also to direct the respondent to register the sale deed presented by the petitioner in respect of the lands at Thirupathur Taluk, Sivagangai District.

(2.) BRIEF case of the petitioner are as follows:

(3.) LEARNED Senior Counsel appearing for the petitioner has submitted that the respondent has no legal authority to refuse the document presented for registration stating that the property which is the subject matter of the document has already been sold by another person to third party. The respondent, by issuing the impugned order, has decided the title over the petition property which could be done only by the Civil Court and not by the respondent. In this regard, by inviting the attention to the joint patta issued by the Tahsildar, learned Senior Counsel submitted that the joint patta issued by the Tahsildar would show that the property stands in the name of the petitioner and her sister and brother. In the circumstances, the respondent is bound to register the document and if there is any dispute over the title, the parties have to agitate the same before the Civil Court.