PATTAMMAL Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard. This writ petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, directing the fourth respondent to modify the revenue records, relating to the property situated at No.124, Vizakandikuppam village, Kanchipuram Taluk and District, after conducting an enquiry, as per the provisions of the Patta Pass -Book Act, 1983.

(2.) It has been stated that the subject property is a separate property of the husband of the petitioner, namely, Kathirvelu. He had died intestate, during the year, 1972, leaving behind the petitioner and his son, by name Subramaniam, born through the first wife and her husband. While so, Subramaniam had alienated the subject property, without the consent and knowledge of the petitioner. Therefore, the petitioner had filed a suit, on the file of the District Munsif Court, Kanchipuram, for partition and separate possession of her share of the property, in O.S.No.416 of 1973. During the pendency of the said suit, one Perumal and his brothers had purchased a portion of the property left behind by the husband of the petitioner. The suit filed by the petitioner had been decreed and the trial court had allotted half share in the property, in favour of the petitioner, by a preliminary decree, dated 29.10.1975. No appeal or revision or review had been filed against the said preliminary decree. Thereafter, a final decree had been passed, in respect of the property in question, on 28.4.1980. The said final decree had not been challenged by the defendants in the suit. However, Perumal, who had also defended the suit and who had purchased the property from Subramaniam, had effected a partition, on 15.3.1976, amongst his family members, illegally.

(3.) It has been further stated that, after the death of Perumal, his wife Dhanakotiammal, the sole surviving heir of Perumal, had sold the subject property to one Srinivasa Naicker, on 27.11.1977. Srinivasa Naicker died on 10.8.1981. While so, the petitioner had filed E.P.No.1107 of 1991, for delivery of possession of the property in question. The trial court had ordered the delivery of possession of the property, on 24.8.1992, and it had also been recorded, on 11.9.1992.