S THILAGAVATHY Vs. CHIEF CONTROLLING REVENUE AUTHORITY

JUDGEMENT

(1.) HEARD Mr. P. Veeraraghavan, the learned counsel appearing for the petitioners and Mr. V. Manoharan, the learned Government Advocate appearing for the respondents.

(2.) IT is stated by the second petitioner that the first petitioner in the writ petition is his mother and the other petitioners are his brothers. The second petitioner's father S. Sivaramakrishnan and the petitioners were members of a Hindu undivided family of which the second petitioner's father was the Kartha. The joint family owned a land bearing No. 106 L, Thiruvotriyur High Road, Tondairpet, Chennai, comprised in T. S. No. 4310/1 (part), New No. 4310/98, Block No. 81, having an extent of eight grounds and 800 sq. ft and the land and building at No. 106, Thiruvotriyur High Road, Tondairpet, Chennai, with an extent of two grounds and 1603 Sq. ft. , besides the agricultural lands in Thottakkadu village in Thanjavur Taluk and District.

(3.) THE second petitioner's father had died intestate, on 27. 11. 1988, and on his death, his mother, S. Sarojini and the second petitioner's mother, S. Thilakavathy and the other petitioner's became entitled to his undivided 1/4th share in the said joint family properties. Each of the petitioners 2 to 4, held an undivided 1/4th share in the said properties as co-parceners of the Hindu joint family. On the death of S. Sivaramakrishnan, each of the petitioners 2 to 4 owned an undivided 6/20th share in the joint family properties, while the first petitioner and S. Sarojini held an undivided 1/20th share each, in the said properties. Under a deed of partition, dated 30. 12. 1991, registered as Doc. No. 1045/92, in the office of the Sub-Registrar, Royapuram, the joint family properties described in Schedule-A to the deed had been divided amongst all the legal heirs and the properties in Schedules B to D of the deed, were divided and allotted to the various persons concerned, as stated therein.