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2004 Supreme(Mad) 266

N.DHINAKAR, D.MURUGESAN
Mrs. Rajeswari & Another – Appellant
Versus
The Commissioner of Land Administration & Other – Respondent


Advocates Appeared:For The Petitioners:R.Thiagarajan, S.C. For The Respondents: Gomathinayagam, Spl.G.P.

Judgment :-

D.Murugesan, J.

The land in question is in Survey No.41/3 of Karunguzhipallam Village, Kancheepuram District. For the disposal of the writ appeal, certain factual details are necessary.

2. The land in question together with some other lands originally belonged to one Subbaraya Kottradiar. He executed a mortgage deed in favour of one Cunniah on 4-5-1926. The said Cunniah assigned the mortgage right in favour of one Anandalwar by a deed of assignment dated 13-8-1927. Further the said Anandalwar assigned the said lands in favour of one Sirur by a deed of assignment dated 21-5-1928. The High Court adjudicated Subaraya Kottradiar as insolvent by order dated 5-4-1927. The Official Assignee, therefore, conveyed the lands in favour of Sirur by a deed of sale dated 31-8-1929. Since the said Sirur failed to pay the tax due to the Government, the property was sold in revenue auction on 30-10-1933. One Kunnappa Naicker purchased the said land. He was issued with the patta bearing No.61. Since then, he was in possession and enjoyment of the land. Out of the total extent of the land, by a sale deed dated 25-6-1936, an extent of 121 acres was purchased by one Muthukrishna Naidu.

3. The
























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