K VARADHARAJAN Vs. M SUBRAMANIAN

JUDGEMENT

(1.) THIS revision petition has been filed challenging the order passed by the learned Sub Divisional Magistrate-cum-Revenue Divisional Officer, Perambalur , in Pa. Mu. A3/2850/2002 dated 10. 5. 2003.

(2.) THE petitioner-trust is running the college in the name of Haynes Rover Arts Collegein Madras- Trichy National Highways, Elambalur village. THE land in dispute is situate in Survey No. 74/3b 0. 78. 5 Ares in Elambalur village adjacent to the Haynes Rover Arts College. THEre have been rival claims in respect of the said land by the petitioner-trust and the first respondent. It is claimed by the first respondent that he purchased the land on 17. 7. 2001 and when he attempted to plot out the lands, the dispute arose between the petitioner and the first respondent, which resulted the first respondent to prefer the complaint to the police. Accordingly, the proceedings under section 145 of Cr. P. C. has been taken by the Revenue Divisional Officer, Perambalur , who after examining the rival claims and the documents produced by both parties, passed orders that the first respondent is entitled to Survey No. 74/3b 0. 78. 5 Ares in Elambalur village and accordingly directed the Tahsildar , Perambalur to sub divide the property. THE said order is now under challenge in this revision.

(3.) IN view of the above, the order under challenge being erroneous is liable to be set aside. Therefore, the revision petition is allowed setting aside the order under challenge. Since it is stated that suit ripe for trial, the District Munsif , Perambalur , is directed to dispose of the suit by June, 2006. .