R. CHIDAMBARA RAJA RATINAM Vs. THE DISTRICT REGISTRAR, THE DISTRICT REGISTRAR OFFICE, TIRUNELVELI DISTRICT, TIRUNELVELI

JUDGEMENT

(1.) This Writ Appeal has been filed by the appellants challenging the order of the learned Single Judge, dated 29.04.2016, made in W.P. (MD)No. 5956 of 2016.

(2.) The appellants are the respondents and the respondents are the petitioners in W.P.(MD)No.5956 of 2016. The respondents filed the writ petition challenging the order dated 02.03.2016, passed by the third appellant and further forbearing the appellants from taking any proceedings to recover any additional stamp duty and registration fee.

(3.) According to the respondents, the first respondent's mother - Venkittammal @ Sakku Bai entered into an agreement of sale with one Shanmugasundaram Pillai and Rajammal on 02.07.1987 in respect of the property in T.S.No.1605/2B and T.S.No.1606/2, measuring 1½ cents and 55 cents respectively. The possession of the said properties were handed over to the first respondent's mother on payment of entire sale consideration of Rs.26,131.25. Before executing the sale deed, the said Shanmugasundaram Pillai and Rajammal died. Their legal heirs entered into another agreement of sale in the month of Oct. 1996 by confirming the earlier terms and agreed to execute the sale deed. The legal heirs executed the sale deed dated 30.01.1997 and presented along with respondents for registration before the third appellant. The third appellant did not register the sale deed, but kept it pending. In the meantime, the first respondent's mother - Venkittammal @ Sakku Bai died on 28.09.1997. Thereafter, at the request of the first respondent and his brother, the third appellant registered the sale deed as Document No. 456/2000, but refused to release the sale deed.