VELLAIAMMAL Vs. SUB-REGISTRAR

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Government Advocate for the Respondent.

(2.) The petitioner herein has presented the decree passed by the District Munsif court, Mettur in O.S.No.89/2004, dated 31.01.2008 for registration before the Sub-Registrar, Mecheri, Salem District on 27.08.2019. The Sub Registrar, Mecheri, has issued check slip on 27.08.2019, intimating his refusal to registrar the document in view of long delay. Citing Section 23 of the Indian Registration Act, 1908, the Sub-Registrar, has stated that under Sections 23 and 25 of the Act, any document for registration should be presented within 4 months from the date of its execution. The said time lime is extendable by another 4 months only. Whereas, the document presented by the petitioner is beyond the time prescribed (totally 8 months), hence cannot be taken up for registration. The said communication of the respondent, dated 27.08.2019 is under challenge in this writ petition.

(3.) The petitioner claims that she is the owner of the property bearing S.No.222/2, Thethigiripatti, Katcharayanur, Mecheri Taluk, Salem District. She along with one Arumugam filed suit against Chinnu, Manickam and the District Collector for declaration and injunction in O.S.No.89 of 2004 on the file of District Munsif Court, Mettur. The suit ended in her favour and decree was passed on 31.01.2008. The defendants did not file any appeal. So, the decree has reached finality. When she applied for Patta, the Revenue Authorities insisted for registered copy of the decree. Hence, she presented certified copy of the decree to the respondent for registration on 27.08.2019. The respondent has returned the document along with check slip on the same day, citing Sections 23 and 25 of the Indian Registration Act, 1908.