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2009 Supreme(Mad) 3077

H.L.GOKHALE, D.MURUGESAN
A. S. Elangode – Appellant
Versus
A. Palanichamy & Others – Respondent


Advocates Appeared:
For the Appellant:Chitra Sampath, R. Sunil Kumar, Advocates.
For the Respondents:R1, Srinath Sridevan, Advocate, R2 to R4, J. Raja Kalifullah Government Pleader.

Judgment :-

1. This Writ Appeal questions the order passed in the Review Application. The Appeal arises on the following facts:

A total extent of 11 acres of dry land comprised in S.F.No.212 of Semmipalayam Village, Coimbatore was purchased by the appellant from A. Palanichamy, the first respondent under three sale deeds registered on 11. 2002 at the office of the Sub-Registrar, Palladam. The entire sale consideration was paid. Insofar as one of the documents, namely, Document No.4250 of 2002, as against the total sale consideration of Rs.2,40,000/-, apart from the payment of Rs.50,000/- in cash which was accepted, the remaining sale consideration was paid by way of cheque, but the cheque was dishonoured even after the registration. Pursuant to the above sale deeds, pattas was also given in the name of the appellant on 30.11.2002.

2. It appears that after a period of five years, i.e., on 9. 2007, deeds of cancellation of the earlier sale deeds were presented by the first respondent and the same came to be registered by the Sub-Registrar. In view of the said cancellation of the earlier sale deeds, an Application was made by the first respondent for transfer of Patta on 20.9.2007. Onl































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