V. BOOVARAGHAMOORTHY Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) The order of cancellation of patta issued by the Revenue Divisional Officer, Dindivanam in proceedings dated 01.09.2014 is under challenge in this writ petition.

(2.) The learned counsel appearing on behalf of the writ petitioner made a submission that the petitioner is the absolute owner of the land measuring an extent of 1.07 acres situated in Survey Nos.21/1 and 21/2, Sankarapuram Village, Gingee and the petitioner purchased the said land through a public auction on 23.12.1987 conducted by the District Munsif Court at Gingee in E.P.No.423 of 1984. The sale certificate was also issued in favour of the writ petitioner.

(3.) While elaborating the case of the writ petitioner, the petitioner's counsel stated that on 11.09.1970 one Govinda Reddiar filed a civil suit in OS.No.393 of 1970 before the District Munsif Court at Pondicherry and obtained a money decree. During the year 1984, the execution petiton filed by Govinda Reddiar in E.P.No.423 of 1984 in O.S.No.393 of 1970 whereby the subject property was attached and brought for sale in public auction. The petitioner's father Venkatasubba Reddiyar purchased the subject property in the public auction sale conducted by the District Munsif Court at Gingee on 23.12.1987 in E.P.No.423 of 1984. The application filed by the third respondent in E.A.No.332 of 1988 to set aside the auction sale was dismissed by the Court on 18.12.1990. Accordingly, the sale certificate was issued in favour of the petitioner's father i.e. the fourth respondent.