B RATHINAM Vs. SUPERINTENDENT OF POLICE TIRUPUR DISTRICT

JUDGEMENT

(1.) The present criminal original petition has been filed seeking a direction to the 2nd respondent to give protection to the petitioner, his workmen and servants, in respect of the property comprised in S.No.423/3A, measuring an extent of 1.85.0 hectares and an extent of 2 cents comprised in S.No.409/2C and an extent of 10 cents comprised in S.No.408/C2 situated at Vahathozhuvu Village, Udumalpet Taluk, Tirupur District.

(2.) It is the case of the petitioners that the 2nd petitioner's father is the owner of the property comprised in S.No.423/3A measuring an extent of 1.85.0 hectares by virtue of a partition deed dated 17.06.1968 and he is in possession and enjoyment of the same. The 2nd petitioner's father died on 20.01.2000, leaving behind the 2nd petitioner and his mother, who is the first petitioner herein as the legal representatives.

(3.) Later on 22.12.2010, the 2nd petitioner and his mother entered into an agreement of sale with the 3rd respondent in respect of the properties comprised in S.No.423/3A, measuring an extent of 1.85.0 hectares and an extent of 2 cents comprised in S.No.409/2C and an extent of 10 cents comprised in S.No.408/C2, for a sale consideration of 3,82,000/-. The petitioners submitted that though they were ready to perform the part of the sale agreement, the third respondent, instead of paying the balance amount , got the sale deed in his favour and filed a suit in O.S.No.149 of 2011 on the file of the Court of the II Additional District and Sessions Judge, Tirupur, praying for specific performance and also for permanent injunction restraining the petitioners from interfering with their peaceful possession and enjoyment of the suit property.