M ARUMUGAM Vs. REVENUE DIVISIONAL OFFICER METTUR DIVISION

JUDGEMENT

(1.) THE present writ petition is directed against the impugned proceedings dated 14.06.2008 passed by the first respondent, in and by which, the first respondent has declared the right of the second respondent and also further directed the third respondent to take possession of the land from the petitioner and handover the same to the second respondent.

(2.) ASSAILING the impugned order, learned counsel appearing for the petitioner submitted that the petitioner's mother Late Paapathiammal, purchased the land in question covered in Survey No.101/2 admeasuring 0.18.5 hectare and another extent of land about 0.32 hectare in Survey No.101/4, Kottamettupatiti Village, Omalur Taluk, Salem District, by valid sale deed. After the demise of the petitioner's mother, all six brothers including the petitioner entered into a partition deed on 19.06.1974 and the same was also registered as Document No.1584/74 at Omalur Sub-Registrar Office, and as per the above partition deed, respective shares were given to all of them. Subsequently, in the year 1975, fourth elder brother of the petitioner's family left from his native place and settled down at R.C.Plant, Veerakalputhur, till his death. At the time of leaving from his native place, he has leased out the above said land to the petitioner by an oral agreement for a valuable consideration of Rs.2 lacks and since then, the petitioner has been cultivating the above said land till date and just one week prior to his brother's death, the petitioner was asked to make a registration expense to execute the sale deed of the above said disputed property in his favour. In the meanwhile, it is submitted that, fourth elder brother has received about a sum of Rs.3 lacks with a promise to sell the above said land, but, subsequently, fourth elder brother was also died and thereafter, the petitioner has been cultivating the above said land as a cultivating tenant even after the death of his brother.

(3.) HEARD the learned counsel appearing on either side and perused the materials available on record.