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Registration Of Document Subject To Adjudication Of Parties' Rights By Civil Court : Supreme Court

LIVELAW NEWS NETWORK
7 Dec 2021 12:31 PM GMT
Registration Of Document Subject To Adjudication Of Parties Rights By Civil Court : Supreme Court
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The Supreme Court has reiterated that the registration of a document is always subject to the adjudication of the rights of the parties by the competent civil court."It is settled legal position that registration of document is always subject to adjudication of rights of the parties by the competent civil court", observed a bench comprising Justices R Subhash Reddy and Hrishikesh...

The Supreme Court has reiterated that the registration of a document is always subject to the adjudication of the rights of the parties by the competent civil court.

"It is settled legal position that registration of document is always subject to adjudication of rights of the parties by the competent civil court", observed a bench comprising Justices R Subhash Reddy and Hrishikesh Roy in the case Amudhavali and others versus P. Rukmani and others.

The appellants in the case had filed a writ petition before the Madras High Court challenging the cancellation of a sale deed executed in their favour by the respondents. The single bench of the High Court allowed the writ petition holding that once a sale deed has been executed, the land stood transferred to the appellants and unless there is a consent of the appellants, no cancellation deed could be registered. The single bench's judgment was set aside by the division bench in an appeal filed by the respondents. The division bench noted that there is a pending civil suit seeking the cancellation of the sale deed.

Thereafter, the appellants approached the Supreme Court challenging the division bench verdict.

Senior Advocate KV Vishwanathan, appearing for the appellants argued that unilateral cancellation of a registered sale deed is non-est in law and against public policy. Such a unilateral cancellation deed cannot be allowed to be registered under the Registration Act.

Senior Advocate V Chitambaresh, appearing for the respondents, argued that the issue is covered by the 2016 judgment in Satya Pal Anand v State of MP. He also pointed out that the appellants have filed written statements in the civil suit and are contesting the same. So, the issues should be left for the determination by the trial court, he urged.

Having regard to the pending civil suit, the Supreme Court declined interference in the matter.

"We dispose of this civil appeal by observing that rights of the parties with regard to the land in question will be governed by the judgment in pending suit in O.S. No.142 of 2008 on the file of the IIIrd Additional Subordinate Court, Coimbatore. The civil suit shall be decided on its own merits. The parties are directed to maintain status quo with regard to possession existing as on today till the disposal of the suit. The Suit in O.S.No.142 of 2008 is to be disposed of as expeditiously as possible, preferably within a period of one year", the Court directed.

Case Title : Amudhavali and others versus P. Rukmani and others.

Citation : LL 2021 SC 713

Click here to read/download the judgment


 


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