ABDURAHIMAN,S/O.CHORATH MUHAMMED Vs. TAHSILDAR, TIRUR

JUDGEMENT

(1.) BRIEFLY put the facts of the case are as follows. The petitioner is the owner in possession of 85 Cents of property in Re-survey No.180/5 and 6 of Kurumbathur village in Malappuram District by virtue of Ext.P1 document. The husband of the 3rd respondent, late Alavikutty filed O.S.No.8/1983 a suit for injunction before Munsiff Court, Tirur, claiming right over the property. The suit was dismissed. The above decree has become final. Even after that 3rd respondent and his children attempted to trespass into the property. Then the petitioner filed a suit, O.S.No.169/2009 for injunction against attempt of trespass. That suit also was decreed by Ext.P4 Judgment.

(2.) NOW , the grievance of the petitioner is that when he approached the 2nd respondent to pay property tax, he refused to receive tax on the reason that the appeal filed by the 3rd respondent and his children with respect to that property against Ext.P4 Judgment and decree is pending before the Sub Court, Tirur. According to the petitioner, he is keeping possession of the property and paying basic tax with respect to that property from 1983 onwards which is evidenced by Exts.P3 to P3(e) and P3(f) respectively. He has regularly paid tax up to 2009-2010. That apart, the 3rd respondent has filed a suit for partition O.S.138/2006 without including the petitioner and including the property in his possession and covered by Ext.P4 Judgment. The Village Officer refused to receive tax due to the pendency of appeal, A.S.87/2011 before the Sub Court, Tirur, which was filed against Ext.P4.

(3.) GOING by the contentions raised by the parties, it could be seen that tax was being received from the petitioner up to 2009. After that on the basis of the decree in partition suit O.S.138/2006, tax was received from the 3rd respondent also.