Civil case was filed by petitioners for bare injunction and not for declaration of title - However, it is for petitioners to establish their title in respect of subject property before Civil Court

Citation

AIROnline 2023 MAD 1002

Madras High Court

S. M. SUBRAMANIAM , J

WP No. - 34596 of 2022 D/- 3 - 8 - 2023

Bairose Banu Jamal, Chennai v. Inspector General of Registration, Chennai

Registration Act (16 of 1908), S.77A - Cancellation of sale deeds - On ground that they were registered fraudulently - Civil case was filed by petitioners for bare injunction and not for declaration of title - However, it is for petitioners to establish their title in respect of subject

property before Civil Court - District Registrar and Appellate Authority had considered allegations of fraud in respect of registration of documents within ambit of Ss. 77-A, 77-B and had decided that documents were registered in fraudulent manner - In view of such facts, petitioners were at liberty to establish their cases or redress their grievances, if any exist, before Competent Civil Court of Law.

 (Paras 6 , 7 , 8)