ASSISTANT COMMISSIONER Vs. D NAGARAJAN

JUDGEMENT

(1.) This appeal is filed against the order dated 02.03.2016 passed by the learned single judge in WP.No.3895 of 2012.

(2.) The case of the respondent before the writ Court is that the land originally belonged to three persons S.M.Natraja Naicker, S.M.Balarama Naicker and S.M.Kothandarama Naicker. During 1954, a partition deed dated 14.10.1954 vide Doc.No.1781 of 1954 was executed between the brothers and the property in question was allotted to S.M.Kothandarama Naicker and individual patta was also granted, during his life time. He was in possession and enjoyment of the land in question till his demise on 10.10.1981.

(3.) After the death of Kothandarama Naicker, his wife Lakshmi Ammal succeeded to the property and conveyed 80cents of land bearing Plot Nos.106, 107, 108 in Rukmani Nagar, Maduravoil village, Ambattur in S.No.301/2 and 300/3 to Murugan and Mathivathani. The purchasers have developed the property by forming a layout. On 16.07.1987 and 10.08.1987, they sold two plots to an extent of 6.87cents each to Lakshmi, the daughter of the respondent vide Doc.Nos.2412 and 2712 of 1987. It appears that respondent's daughter Lakshmi died on 24.08.2007 as spinster and after her life time the respondent being the father, succeeded to her estate. The respondent is in possession. The patta stands in the name of the original owner Kothandarama Naicker and subsequently it was transferred in the name of the respondent vide patta No.5457. The Adangal stands in the name of S.M.Kothandarama Naicker and that the land is agricultural land during the fasli 1395 (1985).