D.CHARLES Vs. TAHSILDAR

JUDGEMENT

(1.) This Writ Petition has been filed for the issue of Writ of Mandamus forbearing the first respondent from proceeding further with the enquiry relating to the grant of patta for the subject property in favour of the second respondent.

(2.) The brief case of the petitioner is that the petitioner is claiming right in the property as a lease holder. According to the petitioner the original owner of the property had leased the property in favour of the father of the petitioner and after the demise of his father, the petitioner continues to be in possession and enjoyment of the property as a lessee. It is the further case of the petitioner that right from the time when his father became the lessessee, he has been paying urban tax for the property and he is also continuing to make payment till date.

(3.) The petitioner has further alleged that the second respondent attempted to interfere with his possession and enjoyment of the property. Therefore, he filed Original suit before the City Civil Court, Chennai in O.S.No.3781/2017. The said suit is pending and the second respondent has already filed written statement in the said suit. According to the petitioner, the second respondent is not the owner of the subject property as claimed by him and the original owner of the property has never sold the property in favour of the second respondent. In order to substantiate this allegation, the petitioner states that he had applied for certified copy of the title documents through which the second respondent is claiming title and this document was not available in the concerned Sub Registrar Office. According to the petitioner the entire document through which the second respondent is claiming title is forged and fabricated. There are connected Writ Petitions filed before this Court and this Court prima facie was satisfied that there was some illegally in the concerned Sub Registrar Office with regard to very same Survey Number. The petitioner further alleged that the documents through which the second respondent is claiming title has also been questioned in the pending Writ Petition.