C. VAIRAMUTHU Vs. N. SELVARAJ AND ORS.

JUDGEMENT

(1.) THE brief facts of the case are as follows: - -

(2.) THE plaintiff has further stated that the erstwhile lease holder's lease period had expired. Further, the father of the first defendant had illegally operated the metal quarry in the said suit schedule mentioned property during his lease period. Hence, the District Collector had imposed a penalty on him for operating the quarry illegally. The plaintiff after obtaining the lease had made a representation to the Revenue Divisional Officer, Palani, for operating the quarry, for which, the Village Administrative Officer, stated that the plaintiff is a registered lease holder and as such, the civil rights over the said property is vested with him. The father of the defendant was imposed with a fine of Rs. 6,52,419/ -, as per the District Collector's Proceedings dated 09.05.2005. The erstwhile lease holder i.e., the father of the first defendant, viz., Nagappan had expired. However, in order to recover the fine amount, the recovery proceedings are pending on the file of the Taluk Tahsildar, Vadamadurai. Under the circumstances, the first defendant had made an attempt for occupying the suit schedule mentioned property for the operation of an illegal quarry in order to pay loan amount of the father of the first defendant. The second and third defendants are claiming ownership over the said property and therefore, they have been impleaded as necessary parties.

(3.) THE first defendant had filed a written statement and refuted the averments of the plaint. The first defendant stated that the suit schedule mentioned property originally belonged to Keelakarai Mahananda Baba Oliyulla Nayagam Swami who had expired in the year 1959 and he was buried at Ramanadapuram District. After his death, his brother and sister viz., Mohamed Jiya Vudeen, Jeeni Mohammed and Mohammed Kathija Uma respectively secured the property as legal -heirs. The said Mohammed Jiya Vudeen had expired after leaving his legal heirs, viz., Mohammed Ibrahim and Mohammed Abdul Kadher. The other brother Jeeni Mohammed was not married and had expired. The said Jeeni Mohammed and his sister Mohammed Kathija Uma had sold the property on 02.07.1960 to and in favour of A.S. Abdul Salam, who is the son of Kathija Uma. Thereafter, Mohammed Ibrahim, Mohammed Abdul Kadher and Abdul Salam, being the legal -heris, have secured the property.