UNION OF INDIA Vs. R D RAMANATHAN

JUDGEMENT

(1.) THIS appeal was in fact heard and allowed by their Lordships Justice Doraisamy Raju (as he then was) and Justice T. Meenakumari on 21.4.1998. First respondent took up an application before this Court praying this Court to rehear the appeal as he was not able to be present through his counsel at the time of hearing. THIS Court allowed the said application and heard the matter.

(2.) THE above appeal has been filed against the decree and judgment of the learned single Judge dismissing A.S. 254 of 1983 on the file of this Court. THE fourth defendant is the appellant therein.

(3.) FOURTH defendant resisted the suit contending that during enquiry under Section 9(6)(b) of the Act, the first defendant, land owner filed an objection stating that all his properties had been donated to his two daughters, who were married long before the appointed date. But however, he has not substantiated the same. The matter was taken on appeal to this Court and the same was remanded. Thereafter in revision, High Court remanded the matter back to the Authorised Officer for fresh consideration. It is contended that after getting adjournment of the enquiry the first defendant has set up the plaintiff to file the suit. It is also contended by the 4th defendant that the Civil Court has no jurisdiction to go into the question.