N. MEENAKSHI Vs. THE TAHSILDAR, SRIVAIKUNDAM TALUK

JUDGEMENT

(1.) The Petitioner has preferred the instant Contempt Petition before this Court, praying for passing of an order by this Court to punish the Respondents 3 to 6, for Contempt of Court, for their wilful and deliberate disobedience of the Order passed by this Court in W.P.(MD)No.499 of 2011, dated 08.11.2011.

(2.) According to the Petitioner, an extent of 80 cents in Survey No.45/1A1A1A out of total extent of 1.14.00 Hectares (2.82 Acres) in Korkai Village, belongs to her by means of a registered Settlement Deed, executed by her Husband on 09.06.1999. Originally, the property belonged to the family of her husband and an extent of 80 cents was allotted to the share of her husband, by way of a oral partition. Though an unregistered deed was executed evidencing the oral partition, dispute arose among the members of the family regarding boundaries, as there was no partition by metes and bounds. Later, a Suit for partition in O.S.No.63 of 2008, on the file of Sub Court, Tuticorin was filed. However, parties to the partition Suit viz., the members of the family of her husband entered into a compromise in tune with the earlier oral partition and a final decree was passed in terms of compromise memo. As per the final decree, the parties acknowledged the right, title and interest of her husband over an extent of 80 cents in Survey No.1A1A1A and the Settlement Deed was executed by her husband in her favour. In the partition Suit, the property in Survey No.45/1A1A1A in Korkai Village was described as Item No.26 of I Schedule. The remaining extent in the same survey number belongs to the family was allotted to the other brothers.

(3.) One of the brothers of the Petitioner's husband, Ramesh by name, had executed a registered sale agreement in favour of her husband, in respect of some portion of the property in the same survey number allotted to him in the partition Suit. The entire extent in Survey No.45/1A1A1A was registered in the name of all the members of the family and persons claiming under them by virtue of alienation. Joint Patta was issued in Patta No.1436.