C MOORTHY Vs. SUB REGISTRAR ARUPPUKKOTTAI VIRUDHUNAGAR DISTRICT

JUDGEMENT

(1.) This writ petition has been filed for issuance of a Writ of Certiorarified Mandamus to quash the Check Slip bearing No.3 of 2018, dated 09.05.2018, issued by respondent and to direct the respondent to register the sale deed dated 09.05.2018 and release the same to the petitioner.

(2.) The brief facts that are necessary for disposal of the writ petition, are as follows:

(3.) The learned Counsel for the petitioner submitted that the Registering Officer has no power to return the document for non production of parental document, as the Registration Act, 1908 and the Rules framed thereunder do not contemplate production of original parent documents for registering any subsequent deed of conveyance. The learned Counsel for the petitioner further submitted that the original document of title is available with the mortgagee and the petitioner can get the document only after redemption of the mortgage. This is revealed even from the recitals of the sale deed dated 09.05.2018 executed in favour of the petitioner.