S MANOHARAN Vs. DISTRICT REGISTRAR, TIRUPPUR REGISTRATION DISTRICT

JUDGEMENT

(1.) The petitioner has laid challenge in this writ petition to the order of the first respondent dated 01.12.2015 and also sought for a direction to the second respondent to register the sale deed dated 27.10.2015 executed by the respondents 3 to 6 in his favour.

(2.) The case of the petitioner is that the third respondent is the wife and respondents 4 to 6 are the daughters of one Rasappa Gounder. One P.R.Subramanian, who is the ninth respondent herein, is the son of the third respondent and the said Rasappa Gounder. A property was purchased by the said Rasappa Gounder vide sale deed 19.07.1973 out of his own earnings, which devolved upon his legal heirs, after his death on 14.09.2001. The petitioner purchased 4/5th portion out of the entire extent of the land from respondents 3 to 6, which is their share in the property, vide the sale deed dated 27.10.2015 for a valuable sale consideration. When the sale deed was presented for registration, the second respondent refused to register it, inter alia, on the ground that the property was sold by the son of the deceased Rasappa Grounder to one Ammasai Grounder as per document No.681/2002. Hence, the vendors of the petitioners obtained legal heirship certificate and joint patta and represented the sale deed on 09.11.2015. But the second respondent refused to register the sale deed on the same ground that the property was already sold, which cannot be a ground for the second respondent to deny the registration.

(3.) It is stated that the petitioner, aggrieved by the order of the second respondent dated 09.10.2015, filed an appeal before the first respondent and sought a direction to the second respondent to register the sale deed, which was also summarily rejected by the first respondent via the impugned order dated 01.12.2015. Hence, the petitioner is before this Court.