ABDUL KHADER PARTNERSHIP FIRM, REPRESENTED BY ITS PARTNER HITESH KUMAR Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the third respondent to register the Memorandum of Deposit of Title Deeds, the Temporary Document bearing No.TP/16095147/2018 pending with the third respondent.

(2.) The writ pettiioner claims that he is the owner of the property of 686.75/46482 undivided share out of total land of 9 grounds and 106 sq. ft., comprised in old Survey No.26; R.S.No.323/3, Block No.11 of Triplicane Division together with Shop No.4, built up area of 2500 sq. ft., in ground and mezzanine floor in a building known as 'Aarthi Chamber', D.No.189, Mount Road, Chennai-600 002, in addition to 411.51/46428th undivided share out of total extent of land measuring 9 grounds and 106 sq. ft., comprised in old Survey No.26; R.S.No.323/3, Block No.11 of Triplicane Division together with shop No.17, constructed thereon measuring an extent of 1000 sq. ft.

(3.) The writ petitioner had purchased the said property in an open public auction held under Section 69-A of the Transfer of Property Act conducted by the auctioneers and the writ petitioner was the successful bidder and the Sale Deed was executed and registered as Document No.1346/2017 by the mortgagee, namely Mrs.Madhuri Gulecha, dated 11.10.2017. The said property was mortgaged to Mrs.Madhuri Gulecha by Mrs.Meeta Lalchand and the said Mortgage Deed was registered as Document No.3/2011 dated 3.1.2011. This agreement provided for sale without Court intervention under Section 69-A of the Transfer of Property Act.