N. SUBRAMANIAM Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) Petitioner claims that he is the owner of 1/6 th share, measuring 73 cents, out of 4.41 acres, in S.F.No.32/1, and also the owner of 1/6th share, measuring 57 cents out of 3.46 acres, in S.F.No.32/2 of Vataparappu Village. Petitioner states that he has been in actual possession and enjoyment of the properties without any final partition among the other sharers. Father of the fourth respondent, viz., Late Karuppanna Gounder, had purchased an extent of common 1/3 share each, in SR.No.32/1 and SR.No.32/2, under a sale deed, dated 27/1/1970. Accordingly, he was in possession of the said common 1/3 share, thereafter, his son the fourth respondent continued to be in possession and enjoyment of the same. The petitioner states that, While so, the fourth respondent and his father have collusively created a partition deed, dated 16/11/2004, registered as Document No.4242 of 2004, whereunder, they have purposely included a larger extent of 4.29 acres, in S.No.32/1B, even though they had purchased only undivided extent of 2.62 acres, out of the total extent of 7.87 acres, in S.F.Nos.32/1 and 32/2.

(2.) According to the petitioner, even though fourth respondent's father had purchased common 1/3 share, in the total extent of 4.41 acres, in S.F.No.32/1 and common 1/3 share, in the total extent of 3.46 acres, in S.F.No.32/2, he has included a larger extent of 4.41 acres, in S.F.No.32/1B, which is over and above an extent of 1/3 share purchased, under the sale deed, dated 27/1/1970. It is stated that fourth respondent has fraudulently obtained patta for a larger extent of the lands inclusive a portion in the common enjoyment in S.F.No.32/1B.

(3.) On coming to know of the grant of patta, in the name of the fourth respondent, the petitioner filed a petition, dated 30/5/2012, before the Revenue Divisional Officer, Tiruchengode, Namakkal District, challenging the grant of patta, by the Tahsildar, Tiruchengode Taluk, Namakkal District, fourth respondent. Revenue Divisional Officer, Tiruchengode, Namakkal District, issued notice to the fourth respondent, conducted an enquiry and passed an order, dated 19/11/2012, made in Mu.Mu.No.2967/2012-U, whereby the order passed by the Tahsildar, Tiruchengode Taluk, Namakkal District, granting patta transfer order No.4068/611/2004 - 2005, dated 18/11/2004, has been set aside.