The Madurai Bench of the Madras High Court has set aside a refusal check slip issued by a Sub-Registrar, reiterating that registering authorities cannot arbitrarily refuse the registration of a sale deed based on grounds that run contrary to established legal precedents.

The Court allowed the writ petition and directed the concerned Sub-Registrar to register the sale deed presented by the petitioner within a stipulated time frame.

Arguments on Behalf of the Petitioner:                                  

Advocate Mr. Rahul Jagannathan, appearing for the writ petitioner, vehemently challenged the validity of the refusal check slip. His submissions centered on three primary pillars:

• Deed Refusal Not in Accordance with Law: Mr. Rahul Jagannathan argued that the Sub-Registrar’s decision to decline registration violated the statutory framework of the Registration Act, 1908. He contended that registering officers cannot exceed their jurisdiction by entering into roving inquiries or creating extra-legal impediments to property registration.
• Objections Contrary to Settled Precedents: It was forcefully submitted that the specific reasons cited by the authority in the impugned refusal check slip stood in direct contravention of multiple landmark judgments delivered by the High Court. Mr. Rahul Jagannathan pointed out that the law regarding what a Registrar can and cannot object to is well-settled, and the impugned slip completely ignored these judicial pronouncements.
• Relief Sought: Mr Rahul Jagannathan prayed for the issuance of a Writ of Certiorarified Mandamus to quash the arbitrary refusal check slip and sought a consequential direction to compel the Sub-Registrar to register the sale deed without further delay.

Court’s Findings and Observations:

Upon hearing the arguments and perusing the materials on record, the Court found merit in the petitioner’s case. The Bench noted that registering authorities are bound by the provisions of the Registration Act and the rules framed thereunder, as well as the binding judicial precedents of the High Court.

Finding that the reasons assigned in the refusal check slip could not stand the test of legal scrutiny, the High Court set aside the impugned order. The Court directed the petitioner to re-present the sale deed and ordered the Sub-Registrar to register it, provided it satisfies all other statutory requirements such as proper stamp duty and registration fees.