JOINT SUB-REGISTRAR Vs. P.VASANTHA KUMARI

JUDGEMENT

(1.) The respondent herein filed W.P.No.36564 of 2023 seeking a Writ of Certiorarified Mandamus to call for the records of the Joint Sub-Registrar - I, Udhagamandalam / appellant herein regarding a refusal cheque slip issued by the said Officer on 29/9/2023, to quash the same and to register the decree in O.S.No.102 of 2004 in accordance with law.

(2.) The background facts that are necessary for disposal of the decree are as follows:- The respondent herein had claimed that 5 cents of land in West Bury Road, Udhagamandalam Town belong to one Nallusamy Naidu. The said Nallusamy Naidu bequeathed the property in favour of the husband of the respondent under a registered Will bearing Document No. 24 of 1979. After the demise of the said Nallusamy Naidu, the Will was probated. The husband of the 1st respondent, Mr.P.Prasad died on 9/6/1993, leaving behind the 1st respondent and her daughter as legal heirs while so, the father-in-law of the petitioner, Pandurangan sold the property to one T.G.Bridget suppressing the Will. On learning about the said sale, the petitioner filed a suit in O.S.No.102 of 2004 before the Sub-Court, Udhagamandalam seeking a declaration that the sale is null and void. The said suit came to be decreed exparte on 8/6/2005.

(3.) Attempts made by the defendant in the suit, Mr.T.G.Bridget to have the exparte decree set aside also failed in as much as the application to set aside the exparte decree filed in I.A.No.698 of 2005 was dismissed for default on 3/3/2006. An application in I.A.No.283 of 2013 filed under Order 9, Rule 9 of the Code of Civil Procedure to restore I.A.No.698 of 2005 was also dismissed on 12/8/2014. It is claimed by the petitioner that the said order has become final. Thereafter, the petitioner presented the decree for registration as aforesaid. The Registrar refused to register the decree on the ground that it is an exparte decree, relying upon the circular issued by the Inspector General of Registration on 27/2/2023. It is this refusal cheque slip that was challenged by the petitioner in the Writ Petition.