M. RAJESH Vs. P. DEEPAK RAJ

JUDGEMENT

(1.) For the sake of convenience, the parties are referred to as per their rank in C.C. No. 4274 of 2013.

(2.) The defacto complainant has filed a Private complaint before the learned II Metropolitan Magistrate, Egmore, Chennai in C.C. No. 4274 of 2013 seeking to initiate against the accused 1 to 4 therein for having allegedly committed the offences punishable under Sections 120-B, 420, 465, 467 and 474 of IPC.

(3.) According to the defacto complainant, the first accused is the elder brother. According to the defacto complainant, on 16.12.1977, his father entered into an agreement of sale with one James Allen and two others with respect to a property measuring three grounds and 1880 sq.ft in R.S. No. 709/2 at Vepery, Chennai. The sale deed dated 30.01.1979 in the name of Late. Manakchand Jamad and his wife which was registered as document No.97 of 1979 on the file of Sub-Registrar, Periamet. The father of the defacto complainant has also purchased another property land measuring 2 grounds and 692 square feet in R.S. No. 1264/15 vide sale deed dated 25.09.1987 in the name of his wife and the first accused herein, who is the brother of the defacto complainant. According to the defacto complainant, both the above properties have been purchased by the self-acquired funds of his father/Late. Manakchand Jamad. Late. Manakchand Jamad also filed O.S. No. 3023 of 1988 before the learned XII Assistant Judge, City Civil Court, Chennai for evicting the tenant in the above said property and obtained a decree thereof. He also filed E.P.No.783 of 1994 before the learned IX Assistant Judge, City Civil Court, Chennai. Subsequently, Late. Manakchand Jamad purchased another property vide sale deed dated 22.02.1988 vide document No. 1198 of 1988 on the file of SRO, Poonamallee. On 22.04.2001 the said Manackchand died intestate and his wife also died intestate on 11.06.2004.