LAWS(KER)-2015-5-123

NEVIN RAJU Vs. S. BASHEER AND ORS.

Decided On May 22, 2015
Nevin Raju Appellant
V/S
S. Basheer And Ors. Respondents

JUDGEMENT

(1.) Petitioner has filed this Writ Petition as against the refusal on the part of the revenue authorities to effect mutation of his property. Petitioner purchased an item of the property as per Ext. P1 sale deed No. 1274/2012 from the 2nd respondent. The sale deed was registered on 23.7.2012. The petitioner has produced Ext. P2 settlement deed executed by the mother of the 2nd respondent by which the 2nd respondent became the owner of the property which is the subject matter of Ext. P1. 2nd respondent is the wife of the 1st respondent and they are in strained relationship. Subsequent to the purchase of the property the petitioner submitted Ext. P9 application for mutation of the property before the Additional Tahsildar, Kottarakara pointing out that he requires the same for the purpose of the availing loan for construction of house. But the Additional Tahsildar, Kottarakkara as per Ext. P10 letter dated 5.2.2013 informed that the mutation could not be effected since the 1st respondent has filed O.S. No. 437/2012 before the Munsiff Court, Kottarakara against the petitioner and the 2nd respondent, wherein a temporary injunction is granted in I.A. No. 2230/2012. It is further stated that the 2nd respondent has filed another O.S. No. 675/2012 against the District Collector, Village Officer, Tahsildar, RDO, petitioner and 2nd respondent and during the pendency of those cases no proceedings can be initiated for mutation. The petitioner is challenging this order Ext. P10 and argues that when he has got a valid title over the property, the refusal on the part of the official respondents to effect mutation on the ground of pendency of cases before the Munsiff Court, is illegal. The petitioner has produced the plaint in O.S. 437/2012 filed by the 1st respondent in which the prayer is to restrain the defendants from forceful eviction. He has also produced copy of the I.A. No. 2230/2012, referred to in Ext. P10 letter of the Additional Tahsildar. The prayer sought therein is for a temporary injunction restraining the defendants from evicting the plaintiff by force and from demolishing the shop. Petitioner points out that the claim of the 1st respondent in the 1st suit was only as occupier of a shop room in the property owned by 2nd respondent, as evident from paragraph 4 of the plaint, which reads as follows:--

(2.) The petitioner had produced a copy of the counter affidavit filed by him in O.S. No. 437/2012 as Ext. P5. Ext. P6 is the copy of the plaint in OS. No. 675/2012 filed by the 1st defendant before the Munsiff Court, Kottarakkara for a permanent injunction against the defendants from effecting mutation of the property covered by the sale deed No. 1274/2005 (Ext. P1). He has also produced copy of I.A. No. 3751/2012 in which the 1st respondent prayed for an order of temporary injunction restraining defendants from effecting mutation of plaint schedule property covered by Ext. P1 sale deed. The petitioner has filed counter affidavit as against the I.A. Further the petitioner has produced Ext. P11 plaint in O.S. No. 701/2012 filed by him praying for declaration of his title to the plaint schedule property as against the defendants - respondents 1 and 2 and for injunction restraining them from committing any wastage of the property. According to the petitioner he is put in trouble in between the fight between the respondents 1 and 2 and the 2nd respondent is taking up new contentions in each case. It is also probable that he may not be able to build a house in case he is to wait for the conclusion of cases between them.

(3.) Sri. Abul Hassan, the learned Counsel for the petitioner, asserts that there is no impediment for effecting mutation and if at all mutation is allowed that will not in any way affect the adjudication or declaration of title; but it only enables payment of land tax. On payment of land tax, the petitioner will be able to submit application for availing land for construction of house.