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1998 Supreme(Mad) 1338

T.MEENA KUMARI
A. Balasubramaniam and others – Appellant
Versus
Commercial Tax Officer, Thiruvanmiyur Assessment Circle, Madras and another – Respondent


Appearing Advocates:Mr. G. Desappan, Advocate for Petitioners. Mr. G. Paulraj, Government Advocate for Respondents.

Judgment :-

1.The present writ petition is filed aggrieved by the notification No.9 dated 7.8.1989 issued by the first respondent relating to the attachment and proposed sale by public auction of the land measuring about 3.35 acres in total comprised in survey No.439/5 and patta No. 513 of No. 189 Sholinganallur village, Saidapet Taluk, Chingleput District and another extent of 1 acre in the same Survey No.

2. The case of the petitioner is that in order to discharge the loan obtained by M/s Easwari Engineers Private Limited and on a request of one Mrs. Rajeswari Duraisamy the original owner of the land measuring an extent of 2.35 acres, the petitioner herein rendered financial assistance to the tune of Rs.7 lakhs which had been deposited in the main branch of Karur Vysya Bank in November, 1983 and subsequently credited on 18.11.1986 in the account of the said loan. It is the case of the petitioner that in order to discharge the said sum of Rs. lakhs, the said Mrs. Rajeswari Duraisamy offered to sell an extent of 2.35 acres of land given as security to Karur Vysya Bank for a sum of Rs.5 lakhs and promised to sell the remaining extent of 1 acre of land for the balance of Rs.2 lakhs.

















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