BHAKTHAVATCHALAM Vs. TAHSILDAR CUDDALORE

JUDGEMENT

(1.) THE appeal deserves to be dismissed. The appeal arises on a complaint by the appellant/complainant alleging that in spite of his application for sub -division of the property, it has not been done by the opposite party. But from the facts of the case it is clear that there is a civil dispute pending between the parties with regard to the title of the property. Notices had passed between the parties. A suit is said to be pending with reference to the same. Therefore, when the suit is pending and when it was brought to the notice of the Tahsildar that there is a dispute relating to the title of the property, the Tahsildar cannot be blamed in not proceeding with sub -division. For when it is brought to notice of the authorities concerned that parties moved a Civil Forum with regard to the title of the property relating to which sub -division is asked for, out of deference to Court, it is just and necessary that the officer entrusted with the task of sub -division refrains from doing so till the matter is settled by the Civil Court, which alone has the jurisdiction to decide on the question of title. Therefore, the lower Forum rightly rejected the complaint and we do not see any reason to interfere with the said finding.

(2.) IN the result, this appeal is dismissed, but in the circumstances without costs. The order passed by the lower Forum is confirmed.