01Facts
The appellant executed a sale deed in favour of Respondents 6 and 7, which was presented for registration on 20 September 2026. He later objected to its registration and release, alleging that the sale consideration had not been paid. The deed had not yet been assigned a registration number.
¶ 2, 5 · p. 2, 4The appellant’s writ petition seeking to restrain the Sub-Registrar was dismissed by the Single Judge, who held that recovery of the alleged unpaid consideration was a matter for the Civil Court. The appellant appealed.
¶ 2, 5 · p. 2, 402Issues
i.Whether the registering authority may be restrained from registering or releasing an executed sale deed solely because the vendor alleges that the sale consideration remains unpaid.
¶ 6 · p. 4ii.Whether the alleged non-payment of consideration requires adjudication by the competent Civil Court.
¶ 6 · p. 403Law Applied
The Court stated that, absent a statutory ground justifying refusal, a registering authority cannot refuse registration or withhold a document solely on the basis of an allegation that the sale consideration has not been paid.
¶ 6 · p. 4Whether consideration was paid in full, and whether any amount remains due, involves adjudication of the parties’ rights and liabilities and falls within the competent Civil Court’s domain. No specific statute or precedent was cited in the judgment.
¶ 6 · p. 404Reasoning
The appellant admitted executing the deed; his objection concerned payment of the consideration. The Court held that this dispute did not, by itself, provide a statutory basis for the registration authorities to withhold the document.
¶ 5–6 · pp. 4–5The fact that the deed remained pending registration and had not received a registration number did not alter that conclusion. The appellant’s remedy for the alleged unpaid amount lay in appropriate civil proceedings.
¶ 5–6 · pp. 4–505Holding
The Court found no ground to interfere with the Single Judge’s order and dismissed the writ appeal.
¶ 7–8 · p. 5It granted the appellant liberty to pursue remedies in accordance with law, including civil proceedings to recover the amount allegedly due. No costs were ordered, and the connected miscellaneous petition was closed.
¶ 7–8 · p. 5Original Court PDF
C.H.MOHAMMED KUNHI,vsTHE DISTRICT COLLECTOR
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