SELVARAJ Vs. K SEENI MOHAMED

JUDGEMENT

(1.) The petitioners, who are accused in a private complaint filed by the respondent for the offence under Sections 327, 430, 448, 452 and 506 (ii) of the Indian Penal Code r/w Section 3 of the Tamil Nadu Prevention of Public Property Damages Act in C.C.No.431 of 2010, which is pending trial on the file of the XVI Metropolitan Magistrate Court, George Town have filed the above quash petition.

(2.) The first petitioner is the father, second petitioner is the son, third petitioner is the wife, fourth petitioner is the daughter and the fifth petitioner is another daughter of the first petitioner.

(3.) The petitioners are the owners of the second floor. The respondent is the owner of the third floor of a property situated at Old Jail Road Lane, Seven Wells, Rajan Buildings, Chennai 600 001. The petitioner had purchased the second floor together with undivided share of the property on 10.02.2006 from thereon he has been in possession and enjoyment of the said property with his family members. The respondent had purchased the third floor on 02.02.2009, when he purchased the property the constructed area of the third floor was 600 sq.ft. along with the undivided share of the said property.