TMI Blog2023 (8) TMI 1223X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, an agreement of sale which does not create interest in immovable property would not come within the ambit of Section 22-A - the submissions of the learned Senior Counsel cannot be agreed upon on this question. Place of registration - HELD THAT:- The office of the third respondent within whose jurisdiction the Court had passed the decree is situate, will also be a proper office. Moreover, since the very decree is only an agreement of sale which does not affect immovable property, it will not come within the ambit of Section 28. Therefore, registration can be done either at the office of the Sub-Registrar in whose Sub-District, the original decree or order was made or at any other place as desired by the parties to that document - the objections of the learned Additional Advocate General also cannot be sustained on this issue also. Pendency of the writ appeal - HELD THAT:- As rightly pointed out by the learned Senior Counsel for the first respondent, the writ appeal has been filed challenging a direction issued by the writ Court to grant patta to the petitioner in W.P(MD)No.12425 of 2008. The defendant in the suit along with others had in fact, made a claim over the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the defendant in the suit and others and an order of stay has been granted. The Government has also been made as a party to the present writ petition. The writ Court rejected the contentions of the appellants for reasons recorded and allowed the writ petition. Hence, this writ appeal. 3. Mr. Veera Kathiravan, learned Additional Advocate General would reiterate all the three submissions made before the writ Court. He would submit that even though the decree is only an agreement to convey, being a decree of the Court, it cannot be treated lightly. He would point out that registration of this document would amount to create encumbrance over the property which belongs to the Government and therefore, the Registrar was justified in refusing registration. Further arguing, the learned Additional Advocate General would point out that since the valuation of the property is 'zero', the document cannot be registered. Relying upon Section 29(2) of the Registration Act, 1908, the learned Additional Advocate General would content that a copy of the decree or order can be presented for registration in the office of the Sub-Registrar in whose sub-District the order was made or where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ic Relief Act, 1963, has been enacted to enable the Court to rescind the decree for specific performance under certain circumstances. Therefore, the first submission of the learned Additional Advocate General overlooks the crucial provision of substantive law. 9. We are unable to accept the argument of the learned Additional Advocate General relying upon Section 22-A of the Registration Act. Section 22-A obliges the registering authority to refuse registration of certain documents enumerated in Sub-Sections 1 and 2 of the said Section. 10. Section 22-A of the Registration Act, reads as follows: 22-A Refusal to register certain documents:- Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely;- (1) instrument relating to the transfer of immovable properties by way of sale, gift mortgage, exchange or lease,- (i) belonging to the State Government or the local authority or Chennai Metropolitan Development Authority established under Section 9-A of the Tamil Nadu Town and Country Planning Act, 1971 ( Tamil Nadu Act 35 of 1972); (ii) belonging to, or given or endowed for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in clause (h) of sub-section (1) of section 17 may also be presented for registration in the office of the Sub- Registrar within whose jurisdiction the principal ordinarily resides.] (b) any document registered outside the State of Tamil Nadu in contravention of the provisions of clause (a) shall be deemed to be null and void.] 29. Place for registering other documents:- (1) Every document not being a document referred to in section 28, or a copy of a decree or order, may be presented for registration either in the office of the Sub- Registrar in whose sub-district the document was executed or in the office of any, other Sub-Registrar under the State Government at which all the persons executing and claiming under the documents desire the same to be registered. (2) A copy of a decree or order may be presented for registration in the office of the Sub-Registrar in whose sub-district the original decree or order was made, or, where the decree or order does not affect immovable property, in the office of any other Sub- Registrar under the State Government at which all the persons claiming under the decree or order desire the copy to be registered. 13. Sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hin whose jurisdiction the Court had passed the decree is situate, will also be a proper office. Moreover, since the very decree is only an agreement of sale which does not affect immovable property, it will not come within the ambit of Section 28. Therefore, registration can be done either at the office of the Sub-Registrar in whose Sub-District, the original decree or order was made or at any other place as desired by the parties to that document. We are therefore, unable to sustain the objections of the learned Additional Advocate General on this issue also. 17. We are supported in our view by a judgment of a Division Bench of this Court in R.M.S.Deivanai Achi v. P.L.L.N. Kannappa Chettiar reported in 65 L.W. Page 100, wherein the Division Bench has observed as follows: 7. Our attention has been drawn to R. 292(b) of the Registration Manual, Part II, page 91. According to this rule as interpreted in practice by the Registration department, a person registering such a decree as that before us has the option of registration either under S.28 or under S.29(2). On a careful consideration of these two sections, we are of opinion that this is the correct legal position. Such a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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