KULANDHAI ALIAS SAVARIMUTHU Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Both the cases are dealt together and a common order is passed, since the issues involved and the parties involved are the same in both the cases.

(2.) The CrlOP(MD)No.3034 of 2018 has been filed by the petitioners, who have been arrayed as accused in Crime No.13 of 2017 to quash the FIR filed against them.

(3.) It is seen from the records that the second respondent has given a complaint against the petitioners on the ground that survey No.248/3, 253/3, 253/4 originally belong to late Pratapa Simha Raja Saheb by virtue of a judgment and decree in OS No.3 of 1919 dated 16.09.1925. The above said person executed a deed of Kudikkani on 09.05.1927 in favour of one Veerappa Urthiyar. The said Veerappa Urthiyar executed a registered sale deed in favour of one Chinnappa Udayar without any right or title over the property. Thereafter one Gnanaprakasa Udayar, S/O. Thomu Udayar created revenue records, as if patta No.389 was given to him by the Government under the Estate Abolition Act and added his legal heirs namely the petitioners herein in the connected revenue records. Thereafter the second respondent claims that he was appointed as a general power of attorney by one Serfoji Raja and five others. He challenged the patta before the Tahsildar, Thanjavur and during the proceedings the petitioners claimed right over the property on the strength of patta No.389 dated 12.09.1961 standing in their names. The further case of the second respondent is that the Government has taken a stand in the pending writ petition that the patta No.389 was given from the year 1962 to 1966 only and the patta shown to be issued in the year 1961 is a bogus document. Therefore, the second respondent has filed a complaint stating that the petitioners have obtained patta illegally and fraudulently and in order to justify the adding of the names of the petitioners in the patta, the above said Gnanaprakasa Udayar executed a sale in the year 1970 in favour of the petitioners.