PL CT SP SUBRAMANIAN CHETTIAR Vs. MEENAKSHI ACHI

JUDGEMENT

(1.) This appeal arises out of an order dated 10th day of February, 1982 by a learned single Judge in application No. 1718 of 1981 in C.S. No. 83 of 1965 on the file of this court.

(2.) C.S. No. 83 of 1965 was one in partition action of the estate of late Chidambaram Chettiar. Out of seven heirs, one of the heirs, namely, Meenakshi Achi, figuring as plaintiff, brought the said partition action, impleading the rest of the heirs as defendants 1 to 6. By consent, a preliminary decree had been passed declaring the entitlement of 1/7th share in the said estate to each of them. The estate was burdened with the obligations of meeting the pressing demands of huge arrears of Income-tax, Wealth Tax, Urban Land Tax, Property tax and what not. In order to relieve the pressure on the estate, this Court on 26-4-1977, directed an Advocate-Commissioner to sell two items of immovable properties belonging to the estate, namely, house, ground and premises bearing Nos. 5, 5-A and 6-B, Williams Road, Tiruchirapalli and a vacant site known as Kallukuzhi, Tiruchirapalli.

(3.) Pursuant to the said orders the Commissioner invited tenders for the purchase of the said items of the properties. He filed a report into court stating that he received two tenders, one from Muthulakshmi Achi, and the other from one Mohammed Ibrahim. Muthulakshmi Achi offered Rs. 3,85,000 - for the house and 60 paise, per square foot for the vacant site. The said Mohammed Ibrahim Offered Rupees 3,90,000 / - for the house alone and he was not willing to purchase the vacant site on account of certain technical difficulties arising out of the Tamil Nadu Urban Land (Ceiling and Regulation) Act, 1978 (for short 'the Act).