J. SEKAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The relief sought for in this writ petition is for a direction to direct the 1st respondent, not to interfere with the petitioner premises as matter pertains to Civil disputes.

(2.) The learned counsel for the writ petitioner states that the property situated at No.6/8, Dharmaraja Koil Street, Choolai, Chennai - 600 112 comprised in Survey No.1597 R.S.No.1025 in C.C.No.4478, Purasawakkam Village, admeasuring 1436 square feet registered within registration District of Central Chennai and Purasawakkam S.R.O belongs to Sri.Saraswathi and the same acquired by her by way of a settlement deed executed by her mother.

(3.) It is stated by the writ petitioner that he was inducted as a tenant by 2nd respondent's father during the year 1998 to run a cycle shop at their premises for an extent of 240 square feet and the father of the 2nd respondent has received a sum of Rs. 2,50,000/-(Rupees Two Lakhs and Fifty Thousand Only) from the petitioner, for which, he executed a sale deed for acknowledgement of the above amount in favour of writ petitioner. It is admitted by the writ petitioner that the said sale deed said to have been executed by the father of the 2nd respondent, was not registered. It is further stated that the partition between the brothers were not materialized, and that is the reason why, the father of the 2nd respondent was unable to register the sale deed. The petitioner claims that he is in absolute possession from the year 1998 onwards and the father of the 2nd respondent expired. At that point of time, the 2nd respondent was a minor. However, the petitioner continued to enjoy the possession without any hindrance in respect of the property. The mother of the 2nd respondent also has assured that she will not cause any disturbance in respect of the possession till her son and daughter attain the age of majority and further, she assured that she will execute a sale deed after the children attaining the age of majority. The 2nd respondent attained the age of majority in February 2018 and the petitioner has sought for the execution of sale deed for an extent of 240 square feet. However, the 2nd respondent and his sister has sought time to execute a sale deed by assigning various other reasons.