AGARWAL SABHA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The Notices issued under Section 6 & 7 of the Tamil Nadu Land Encroachment Act, 1905 by the Tahsildar in proceedings dated 31.05.2005 & 25.02.2005 are under challenge in these writ petitions.

(2.) The learned counsel for the petitioner states that the petitioner is a Shree Agarwal Sabha, represented by Mr.Mohanlal Sharaf, which is a registered Sabha under the provisions of the Tamil Nadu Societies Registration Act.

(3.) It is contended that the donors had purchased the property for a valuable consideration with specified boundaries as ear marked in the documents bonafidely purchased from T.A.S.Rathinam and 12 others. The land in question was originally belongs to one Mr.Jayaram Nadar and his brother Mr.Srinivasa Nadar as a joint family property, who had resided at No.7, Kollalar Street, Tondiarpet, Chennai. Mr.Jayaram Nadar died intestate leaving behind his wife Mrs.Rajammal. The total land owned by Mr.Jayaram Nadar and others approximately to an extent of 13 Acres and 40 Cents, out of which 1/12th undivided share of i.e.3 Acres and 77 cents situated in different Survey Nos.at Naduvankarai Village, Saidapet Taluk, Madras, was partitioned and allotted to Mrs.Rajammal wife of the late Mr.Jayaram Nadar by way of a "FAMILY SETTLEMENT DEED" dated 11.05.1944 and registered as document no.1088 of 1944 at madras - Chenglepet Office. The said property was allotted to the share of T.A.S.Arumugham by way of partition Deed in registered document No.295/1950 and eversince from the date of allotment, the original Vendor alienated the properties and encumbered the properties and enjoying it as their absolute owners of the properties.