SANKAR RAMAN Vs. OFFICIAL LIQUIDATOR, HIGH COURT, MADRAS, AS PROVISIONAL LIQUIDATOR OF MAXWORTH ORCHARDS (INDIA) LIMITED, HIGH COURT, CORPORATE BHAVAN, RAJAJI SALAI, CHENNAI-600001

JUDGEMENT

(1.) These applications are presented by a person claiming title to lands ad-measuring 3.27 acres in S.No.287/4A, at Nagampatti village, Kayattar Taluk, Thoothukudi District.

(2.) In Company Application No.3 of 2022, an interim stay of the auction sale is prayed for. In Company Application No.4 of 2022, the applicant seeks a direction to exclude/delete the lands of the applicant in S.F.No.287/4 from the sale notice. In support of the claim for title, the applicant has placed on record the sale deed, patta and tax receipts.

(3.) Mr.Silambanan, learned senior counsel for the applicant, submitted that the applicant traces his title by way of a registered sale deed dtd. 22/1/2021 registered in the office of the Sub-Registrar, Kadambur, vide Doc.No.85/2021 in Book No.1. He submitted that Mr.Manthiram Chettiar was the original owner of the property in S.No.287/4 of an extent of 3 acres and 52 cents. It is submitted that he passed away on 20/9/2003 and that the sale deed was executed by the surviving legal heirs of Mr.Manthiram Chettiar, namely, Mrs.Muthulakshmi (daughter), Mr.M.Arunachalam (son), Mrs.Pushpam (daughter), Mrs.Indirani (daughter), Mr.Mariappan (son) and Mrs.K.Parvathy (daughter-in-law and wife of Mr.Kannan (son), who passed away on 19/8/2020). He further stated that the Encumbrance Certificate dtd. 27/8/2014 did not reflect any encumbrance in the property of Mr.Manthiram Chettiar, except to an extent of 25 cents of land which is in the name of Mrs.B.Uma Maheswari.