JEEVAREKA Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Special Government Pleader for the Respondents 1 & 2.

(2.) The Petitioner herein is aggrieved by the refusal of registering the final decree passed by this Court in C.S.No.1049 of 2005 on 20.10.2017 on the ground that under Section 23 of the Registration Act, Court decree has to be registered within four months, from the date of decree. Whereas, the request of the petitioner on 02.07.2019 to register the decree passed on 20.10.2017 is beyond the time prescribed. The impugned order of the Sub-Registrar on 02.07.2019 refusing to register the Court decree was appealed before the District Registrar by the petitioner. The District Registrar, vide impugned proceedings No.10991/m2/2019, dated 05.09.2019, has confirmed the order of the Sub-Registrar. After referring and extracting Section 23 of the Tamil Nadu Registration Act. The District Registrar has also directed the petitioner to approach the Civil Court for remedy if he is aggrieved by his order.

(3.) According to the petitioner, a partition suit was filed against her brother in C.S.No.1049 of 2005. After prolong trial, final decree was passed on 20.10.2017. The Court permitted the parties to sell 'B' schedule property and apportioned the same. Pursuant to that, they have entered into an agreement and received the advance. Since the intending purchaser insisted for registration of the Court decree the petitioner approached the Sub-Registrar, Virugambakkam, but he declined to register the Court decree on the ground of delay. The said rejection order dated 02.07.2019, was appealed before the 1st respondent/District Registrar, who has not considered the reason given for delay and confirmed the order of the Sub-Registrar.