SIVAKASI CO Vs. A.L. MUTHUKUMARI AND OTHERS

JUDGEMENT

(1.) The mother of the writ petitioner namely, N.Meenakshi Achi, had availed a housing loan of Rs. 55,000/- from the third respondent / appellant on 26.05.1988 and final payment of Rs. 44,000/- was also made by her on 31.03.1993.

(2.) The mother of the writ petitioner had gifted the property bearing Door No.6/424B in Anaiyur Village, through the registered gift settlement deed bearing Document No.2697 of 1992, in favour of the writ petitioner / first respondent. It is the case of the first respondent / writ petitioner that her mother died on 27.01.1999 and though she is in possession and enjoyment of the said property, she is not in possession of title deeds and when she sought for return of the title deeds, the respondents in the writ petition has said that the Secretary of the Society has been proceeded in the form of criminal prosecution with regard to misappropriation of funds and a case in Crime No.5 of 2000, is pending investigation.

(3.) It is the specific case of the first respondent / writ petitioner that the title deeds relating to the property gifted in her favour are very much essential as she is facing great financial crisis and she wants to dispose of the property to get rid of the said position. Despite representations made for return of the original documents, the documents which are in possession of the Tamil Nadu Cooperative Housing Federation, Chennai, have not been returned and hence, came forward to file the writ petition.