LAWS(MAD)-2007-1-76

M L MATHEWS Vs. INSPECTOR GENERAL OF REGISTRATION

Decided On January 29, 2007
M.L.MATHEWS Appellant
V/S
INSPECTOR GENERAL OF REGISTRATION Respondents

JUDGEMENT

(1.) THE Writ Petition has been filed praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order, dated 05. 08. 2004, Na. Ka. A4. 4068/2002 of the third respondent and the memorandum No. 433/2004, dated 08. 09. 2004, of the second respondent and quash the same and consequently direct the second respondent to register the sale deeds in respect of the plots in S. No. 161/1, Keelkuppam Village, Arakonam Taluk.

(2.) HEARD the learned counsel for the petitioners as well as for the respondents.

(3.) IT is submitted on behalf of the petitioners that the lands of an extent of 7. 09 acres situated at S. No. 161/1 in Keelkuppam Village, Arakkonam Taluk, was assigned in favour of one Rosikhan, son of Sivaramulu, in the year 1923, under DKT 492/23, dated 28. 12. 1923. The said lands were assigned to him as he was a landless poor person under Dharkast rules with certain terms and conditions including that he should not sell or mortgage the said lands for a period of 10 years from the date of assignment. Following the assignment, the lands were being cultivated by Rosikhan, who was in possession and enjoyment of the same. In the year 1951, he had sold the lands to one Thaikhan under a registered Sale Deed, dated 15. 02. 1951, under Document No. 517. Subsequently, Thaikhan had sold the lands to Benjamin son of Maran and M. I. Jacob son of Mallath, by a registered Sale Deed, dated 07. 06. 1956, under Document No. 2170. The said Benjamin had released his rights over the lands in favour of Mathew under a release deed, dated 06. 05. 1988, and from the date of the release deed, the said Mathew has been in possession and enjoyment of the lands along with his brother Jacob. It has been further submitted that a joint patta had been granted in favour of Mathew and Jacob under patta No. 350. The names were also entered in all the revenue records, including the Chitta and Adangal. Subsequently, a family arrangement had taken place by which Jacob had settled half of his share in the property to his brother's daughter Geetha Mathews, by a settlement deed, dated 29. 03. 1989. Thus, the first petitioner became entitled to half share and the second and third petitioners were entitled to one fourth share each in the property in S. No. 161/3, to an extent of 7. 09 acres.