The Madras High Court recently reaffirmed the settled legal position that a Writ Petition under Article 226 of the Constitution is not the appropriate vehicle for seeking the cancellation of a registered sale deed. In a significant boost for property rights and procedural propriety, the Court dismissed a plea seeking to quash a registration, holding that the petitioner must approach a competent Civil Court for such reliefs.

Background

The dispute pertained to a registered sale deed involving a property. The Petitioner had approached the High Court seeking a Writ of Certiorari to cancel the registration, alleging irregularities in the execution of the document. The matter saw the impleading of the current owner—the bonafide purchaser—who had acquired the property in good faith.

Arguments on Behalf of the Respondent

Representing the bonafide purchaser/owner of the property, Mr. Rahul Jagannathan raised a preliminary objection regarding the maintainability of the Writ Petition.

The crux of his arguments included:

• Availability of Alternative Remedy: It was vehemently argued that the Registration Act and the Specific Relief Act provide a comprehensive framework for challenging property transactions.
• Nature of Dispute: Counsel contended that disputes involving the validity of a sale deed often involve “mixed questions of fact and law,” which require the appreciation of evidence—a process that falls outside the summary jurisdiction of a Writ Court.
• Civil Court Jurisdiction: Mr. Rahul Jagannathan  emphasized that if a party seeks to set aside a registered instrument on grounds of fraud or procedural lapses, the appropriate and effective remedy is to file a comprehensive civil suit before a Civil Court.

“A Writ Court cannot transform into a trial court to adjudicate upon the validity of private contracts and registered deeds when a robust civil remedy exists under the law,” the Counsel argued.

Court’s Findings and Verdict

Presiding over the matter, the Hon’ble High Court found merit in the submissions made by the Respondent’s counsel. The Court noted that the High Court’s extraordinary jurisdiction should not be invoked to bypass the hierarchy of civil courts, especially in matters involving title and the legality of registered documents.

Key Highlights of the Judgment:

• Maintainability: The Court held that the Writ Petition was not maintainable given the nature of the prayer.
• Policy of Non-Interference: The Bench reiterated that once a sale deed is registered, any person aggrieved by such registration must seek a declaration of its nullity through a civil decree.
• Precedent: The Court aligned its view with established precedents which dictate that the Registrar’s power to cancel a deed is limited and, in most cases, the parties must be relegated to a civil forum.

Conclusion

Accepting the contentions raised by Mr. Rahul Jagannathan, the High Court dismissed the Writ Petition. This ruling serves as a reminder to litigants that while the High Court has wide powers, it will not entertain matters that fall squarely within the domain of private law and civil adjudication.

The dismissal clears the path for the purchaser to maintain their title, subject to any findings by a competent civil forum, should the petitioner choose to pursue the matter further.

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