JYOTHI LABORATORIES LTD Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) M/S.Jyothi Laboratories Limited, Chennai, has sought for a writ of mandamus directing the Indian Overseas Bank, Kilpauk, Chennai the 1st respondent, to hand over the original sale deed dated 27.07.1956, vide Doc.No.2950 of 1956, marked as Ex.A15 in O.A.No.42 of 2007 dated 18.06.2010 on the file of Debts Recovery Tribunal III, Chennai.

(2.) Facts deduced from the supporting affidavit and the material on record are that property measuring 89 cents comprised in S.No.190, Sembulivaram Village, No.115, Ponneri Taluk, Chengalpattu, MGR District, originally belonged to Mannarammal. The petitioner has purchased the property, vide sale deed dated 13.06.1997, registered as Document No.2997 of 1997, in the office of the Sub Registrar, Redhills. At the time of purchase, the original document was not handed over to the writ petitioner. When enquired, the petitioner was informed by the vendor Mannarammal that the same had been given to the Special Tahsildar for Land Acquisition, Saidapet, which was not returned.

(3.) Subsequently, when the petitioner wanted to put up a factory, one Mr.Bawarlal Gothi, Son of Lalchand Gothi and Mr.M.Chandran, obstructed to the same. Therefore, the petitioner was constrained to file O.S.No.147 1998 for declaration and injunction before the learned District Munsif, Ponneri. In the said suit, Mr.Bawarlal Gothi, contended that he had purchased the property from one K.G.Narasimhan, son of Mannarammal and vendor of the writ petitioner. After contest, the suit was decreed in favour of the writ petitioner.