LAWS(MAD)-2024-11-65

S.BALASUBRAMANIAN Vs. INSPECTOR GENERAL OF REGISTRATION

Decided On November 06, 2024
S.BALASUBRAMANIAN Appellant
V/S
INSPECTOR GENERAL OF REGISTRATION Respondents

JUDGEMENT

(1.) The petitioner in W.P(MD) No.15519 of 2022 had purchased the property comprised in S.No.576/1 to an extent of 85 1/2 cents of land situated at Avaniyapuram, Madurai under patta No.2001 by way of registered sale deed in Doc.No.9956/2018, dtd. 9/7/2018. After purchase, the petitioner had applied for sub division of property and as per order, dtd. 21/1/2021 it was ordered for sub-division and issued separate patta in favour of the petitioner. The subject property was given S.No.576/1B to an extent of 0/34/60 Hectares, ie., 85 1/2 cents under patta No.22035. However, in respect of title over the property, there is a dispute between the petitioner's vendors and other claimants.

(2.) Simultaneously, the title over the subject property also claimed by Arulmigu Thiruparankundram Subramaniya Swamy Temple by its Trustee and also by the Executive Officer. Therefore, one of the Trustee approached the District Registar (Administration), Madurai South to cancel the sale deed registered in favour of the petitioner. The District Registrar vide order, dtd. 28/1/2022 rejected the complaint and directed the parties to approach the civil Court, since it is pertaining to a title dispute. Aggrieved by the same, the said Trustee preferred an appeal before the Inspector General of Registration and the same was allowed under Sec. 68(2) of Registration Act, 1908.

(3.) One of the vendor of the subject property also filed a petition in W.P(MD) No.19992 of 2022 and supported the case of the petitioner in W.P(MD) No.15519 of 2022, challenging the order passed by the District Registrar, thereby, seeking for cancellation of sale deed executed in favour of the petitioner in