LAWS(MAD)-2017-1-204

P. MURUGAN Vs. THE REGISTRAR, DEBTS RECOVERY APPELLATE TRIBUNAL, 55, WELLINGTON ESTATE, ETHIRAJ SALAI, IV FLOOR, CHENNAI 600 105

Decided On January 03, 2017
P. MURUGAN Appellant
V/S
The Registrar, Debts Recovery Appellate Tribunal, 55, Wellington Estate, Ethiraj Salai, Iv Floor, Chennai 600 105 Respondents

JUDGEMENT

(1.) Challenge in this writ petition, is to an order made in RA(SA) No.49 of 2013, dated 10.09.2014, on the file of the Debts Recovery Appellate Tribunal, the first respondent herein, by which, the Appellate Tribunal has ordered the writ petitioner to pay the deficit court fee, and granted time, upto 03.12.2014.

(2.) According to the writ petitioner, he is the owner of the property comprised in Plot.No.69, Harita Enclave, Survey No. 384 of 1A1 and 1A2 situated in Tambaram Village and Taluk, Kanchipuram District, admeasuring about 3160 sq.ft., having purchased the same from Mr.C.N.Embar and Mr.A.S.Ramanujam, both represented by power of Attorney Mr.V.Balasubramanian (Doc.Nos.950 & 951 of 1991 both dated 25.10.1991) and M/s.Blue Jaggers Estates Ltd, rep, by its Managing Director V.Sampath, as their selling agent, by way of a registered sale deed, dated 22.01.1999, registered as Document No.249 of 1999, on the file of SRO, Tambaram.

(3.) It is also the contention of the petitioner that ever since the date of purchase, he has been in absolute possession and enjoyment of the land in question. Mutation of revenue records has been done and patta has been issued by the revenue authorities, in original patta No.2930. Since 1991, he was employed in Africa and living there, he used to come to India once in two years. When he came to India, he visited the property on 20.5.2009 and shocked to know that the above said property was auctioned by Indian Bank, Asset Recovery Management Branch, Chennai, the third respondent herein, for certain alleged dues of M/s.Blue Jaggers Estates Ltd.