S.NATARAJAN Vs. S.PRAKASH

JUDGEMENT

(1.) By this Writ Appeal, the order dtd. 17/12/2021 passed by the learned Single Judge allowing the Writ Petition preferred by the first respondent herein, has been challenged.

(2.) It is a case where the first respondent (writ petitioner) presented a document before the Sub-Registrar for registration. The order was passed refusing registration of the document and accordingly, he preferred an appeal under Sec. 72 of the Registration Act, 1908. The appeal therein was dismissed upholding the order of the Sub-Registrar to deny the registration of the document. The Writ Petition was filed by him challenging the order of the Registrar and the said Writ Petition was allowed by the learned Single Judge.

(3.) According to the appellant, the Writ Petition filed by the first respondent herein, was not maintainable, because, the order of the Registrar to refuse registration of the document, could have been remedied under Sec. 77 of the Act of 1908. The first respondent herein (writ petitioner) did not pursue the remedy under Sec. 77, but preferred the Writ Petition. The objection as to the maintainability of the Writ Petition was specifically taken in the counter affidavit filed before the Writ Court and argued before the learned Single Judge, but the same has not been dealt with. It otherwise goes to the root of the case and therefore, the Writ Appeal has been filed challenging the order of the learned Single Judge.