MATHEW ENTERPRISES CHENNAI Vs. NITHYANANDAM

JUDGEMENT

(1.) C.R.P.No.3557 of 2013 and C.R.P.No.3579 of 2013 have been preferred respectively against the orders of the learned VI Assistant Judge, City Civil Court (Reference Court), Chennai dated 03.09.2013 made in I.A.No.6356 of 2013 in L.A.O.P.No.50 of 2011 and I.A.No.6357 of 2013 in L.A.O.P.No.51 of 2011 on the file of the said Court.

(2.) For the sake of convenience, the parties are referred to in accordance with their rankings in C.R.P.No.3579 of 2013 and at appropriate places if it becomes necessary specific rankings of the parties in the other Civil Revision Petition shall also be given.

(3.) Originally a total extent of 20.60 acres of land comprised in various survey numbers in Koyambedu village was sought to be acquired by the Government of Tamil Nadu for the Housing scheme of Tamil Nadu Housing Board in 1975. The objection of the land owners was rejected and the Government proceeded with the acquisition of the entire land. The same was challenged in W.P.No.6169 of 1983 before this Court. A Division Bench of this Court allowed the writ petition on 22.04.1991 and quashed the notification under Section 4(1) of the Land Acquisition Act on the question of vagueness in the notification published under Section 4(1) of the Land Acquisition Act. Meanwhile, on 02.03.1991, a memorandum of understanding came to be entered into between Nithyanandam and Poornachandran (respondents 1 and 2 in the revisions) on the one hand shown as parties of the first part and their father Munirathinam Naidu and E.Selvaraj (3rd respondent in the revisions) as partners of M/s.M.S. Enterprises on the other hand shown to be parties of the second part in the said memorandum of understanding for the sale of 18.50 acres at the rate of Rs.17 lakhs per acre. In the said memorandum of understanding, the respondents 1 and 2 herein, namely Nithyanandam and Poornachandran, were given a right to reserve for themselves two acres out of the total extent of 18.50 acres agreed to be sold. The said memorandum of understanding was cancelled by the respondents 1 and 2 on 02.11.1991.