K. PALANISWAMY Vs. M. CHINNAYAN

JUDGEMENT

(1.) The averment of the petitioner in H.M.G.O.P. No.75 of 2013 is as follows:-

(2.) The petitioner further submitted that his daughter K.P. Priyadharsini is currently undergoing IInd year B.Sc. in Tamilnadu Agricultural University. Minor K.P. Arijunpradeep is studying in 9th standard at Private Excellence Education at Vedanta Academy, Tirupur. The petitioner further submitted that the schedule mentioned properties are the dry land without any income and they are lying fallow. The lands are not yielding any income and it is inconvenient and very difficult to cultivate the properties. Even if the said lands are leased, no one is ready to have on lease of the same. Now, the lands in the nearby area are sold due to water scarcity and dry rain feted land etc. On 20.02.2013, the respondents 1) Mr. Chinnayan, 2) Makesh, offered to purchase minor's properties for a value of sum of Rs.4,99,900.00, for total extent of 0.72. 1/2 acres (Rs.6,90,000.00 per acre) from the petitioner with permission of the Court. The respondents have come forward to purchase the properties of the petitioner's family and their coshares and other co-sharers in the same field for same price per acre value including the share of the minor for reasonable and proper value. If the petition mentioned property is sold for the said price the minor would get more advantage and benefits. To safeguard the interest of the minor and for the benefit of the minor, the petitioner had intent to sell minor's share in the petition mentioned property subject to the Court verdict in this petition. Minor's mother and other family members and relatives have no objection to sell the property to respondents and they have also given consent to deal under the above said manner. Further, it is offered that the petitioner has to execute the sale deed in favour of the aforesaid respondent or their nominee with respect of the minor share in schedule mention property, if the Court directed him to do so. Hence, the petitioner has sought permission before the learned Principal District and Sessions Judge, to sell the under mentioned dry land on behalf of the minor's share.

(3.) The petitioner further submits that the proposed act is definitely beneficial to the interest of the minor. Moreover, the price offered is on the higher side. As already mentioned, the dry land remains unprofitable and there is no permanent income. Hence, the proposal will not be against the interest of the aforesaid minor. The petitioner has no proper income to maintain and provide good education to the minor. If the property is sold, the sale proceeds will render help to the minor and give a better life to the minor and good education. The petitioner's daughter also intended to sell her share in the same field for her welfare. The petitioner has undertaken to deposit a sum of Rs.4,99,900.00 for minor, out of sale consideration of the minor, into any nationalised bank as directed by the Court. Further, the petitioner has undertaken that the said deposit would not be withdrawn till the minor attains the age of a major or order of this Court. The petitioner requested leave to withdraw interest every year, so as to enable him to maintain the minor son. The cause of action arose on when partition was effected on 16.12.2010, when minor was born on 26.08.2004 and when the respondent offered to the petitioner on 01.03.2013 and all subsequent days cause of action raised within the Avinashi Taluk. Hence, the petitioner entreated the Court to allow the petition.