Rival Land Claims: Madras HC Sets Aside Order To Register Sale Deed, Says Title Dispute Must Be Decided In Civil Court

Kuppan, the third respondent in the writ petition and Sub-Registrar, challenged an order directing him to register a sale deed dated 24 September 2024 within two weeks.

The first respondent, P. Subramani, had sought that direction.

Kuppan claimed ownership of the land, which he said was recorded in his name under patta, and stated that he had filed a police complaint.

The State submitted that the document had been returned and was not presented again for registration.

The writ court had considered the parties’ asserted civil rights in directing registration.

Article 226 judicial review is directed to the legality of the decision-making process, not to adjudicating disputed civil rights or substituting the court’s decision for that of the statutory authority.

Under the Registration Act, as described by the Court, a person aggrieved by refusal of registration may seek a decision under Section 71, appeal under Section 72, and thereafter institute a civil suit under Section 77.

Disputed questions of title and other civil rights requiring evidence and examination of witnesses are ordinarily to be determined in civil proceedings, not in writ proceedings.

The Court considered that the parties asserted competing rights over the property and that determining those rights would require a trial-like process based on original documents and evidence.

A direction to register the deed would therefore risk prejudicing the rights of a party claiming ownership and would bypass the statutory remedies available following refusal of registration.

Because the writ court had directed registration after considering the parties’ civil rights, rather than limiting its review to the legality of the registration process, the order could not stand.

It allowed the writ appeal, set aside the order dated 14 November 2024 in W.P. No. 34172 of 2024, and dismissed the writ petition, with no order as to costs.