TAMIL NADU HOUSING BOARD Vs. JAYANTHI

JUDGEMENT

(1.) This Civil Revision Petitions is directed as against the docket order dtd. 22/6/2018 passed by the learned IX Assistant Judge, City Civil Court, Chennai in E.P.No.3495 of 2015 in O.S.No.4714 of 1999, thereby issuing fresh warrant as against the petitioner.

(2.) The petitioner is the judgment debtor and the respondents are the decree holders. The petitioner acquired land for the development of Besent Nagar Phase-II scheme for the total extent of 96.92 acres comprised in Survey No.88/1, 2 etc of Thiruvanmiyur Village, Mylapore Taluk, Chennai. For the administrative purpose, the entire extent of 96.92 acres was split up into five blocks. The land in survey No.86/13A and 86/13B ad measuring 20 cents and 21 cents respectively, falls in block No.III out of the total extent of 23.44 acres. The Acquisition Officer has passed an award vide Award No.5/86 dtd. 23/9/1986 including the land comprised in Survey No.86/13A and 86/13B ad measuring 20 cents and 21 cents respectively.

(3.) The land comprised in survey No.86/13A to an extent of 20 cents registered in the name of Kadambadi Ammal under patta No.30. She had sold it in favour of the first respondent herein on 14/4/1981 vide registered document No.1346/81. Similarly, the another land to an extent of 21 cents comprised in Survey No.86/13B registered in the name of one Durairaj under patta No.150. He had sold out the said land in favour of the second respondent herein on 26/3/1981 vide document No.2285/81. Both the respondents herein have purchased the said properties after 4(1) notification dtd. 9/8/1978. As per the award, they were ordered to pay the compensation on production of original documents. Aggrieved by the said award the respondents filed petition in L.A.O.P.No.146 of 1987 before the learned VI Assistant Judge, City Civil Court, Chennai and by the judgment and decree dtd. 8/11/1990, the said Court fixed the land value at Rs.500.00 per cent against the value at Rs.328.00.