R LAKSHMINARAYANAN Vs. D GURUMURTHY

JUDGEMENT

(1.) THIS Petition is filed seeking a direction to call for the records in C.C. No.9723 of 2008 on the file of the learned XI Metropolitan Magistrate, Saidapet, Chennai and quash the same.

(2.) THE Respondent was the original owner of Plot Nos.27 and 28 in S.No.708, Velachery, Chennai. He had purchased the property under two Sale Deeds in the year 1970. THE Respondent sold Plot No.28 to one I.V. Lakshmi of T. Nagar under a registered Sale Deed 19.5.1980. He had not sold plot No.27. THE Respondent was a Central Government Servant and after his retirement, he went to inspect the said property in the year 2003. To his shock, he found that there was a building in the plot, occupied by the Petitioners. On enquiry, he found that the said Plot No.27 has been sold by the said I.V. lakshmi on the strength of an alleged Sale Deed by the de facto Complainant. THE Respondent found that such Sale Deed was manipulated and a fraud has been committed by selling his property, as if it has been sold by the Respondent.

(3.) THE Petitioners, who have been arrayed as A.4 to A.7 who are the subsequent purchasers from the legal heirs of the said Lakshmi, have approached this Court to call for the records and quash the charges against it them on the following grounds: