NIHAR FATHIMA Vs. TAMIL NADU HOUSING BOARD

JUDGEMENT

(1.) Heard Mr. S. Sathish Rajan, learned counsel for the petitioner and Mr. R. Bharath Kumar, learned Standing counsel for the Tamil Nadu Housing Board (TNHB) appearing on behalf of the respondents 1 to 3.

(2.) The brief facts of the case are as follows:

(3.) The learned counsel for the petitioner does not dispute that the subject plot was allotted to D. Dhanraj, S/o. Deivairakkam and not to D. Dhanraj, S/o. Devaraj, but would contend that the petitioner was a bona-fide purchaser. The learned counsel had placed reliance on the principles of Equity Jurisdiction and submitted that the petitioner had put up construction in the subject plot on the basis of 'No Objection Certificate' issued in the name of the power agent, as well as the original payment receipts of the sale consideration made towards the allotment and therefore the transaction was a bona-fide purchase. In view of this 'No Objection Certificate' and the payment receipts issued, as well as handing over of physical possession of the subject plot by the Board, the respondents 1 to 3 should be estopped from recalling their earlier actions and thereby deprive the bona-fide purchase of her property.