High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE M. JEYAPAUL
N. Devarajan & Others
Versus
The Collector of Chennai Singaravelan Maligai, Rajaji Salai, Chennai & Another
C.S.No.418 of 2001
Decided on: 24-07-2009
ownership - property dispute - Tamil Nadu Urban Land (Ceiling and Regulations) Act, 1978, Limitation Act, 1963 - The judgment discusses the ownership dispute over a property and the application of the Tamil Nadu Urban Land (Ceiling and Regulations) Act, 1978, and the Limitation Act, 1963. The court analyzed the evidence presented by both parties and concluded that the plaintiffs are entitled to a declaration of title and permanent injunction against the defendants from interfering with the peaceful possession and enjoyment of the property.
Fact of the Case:
The plaintiffs filed a suit seeking a declaration of ownership of a property and an injunction against the defendants from interfering with their possession. The defendants claimed that the property was acquired under the Tamil Nadu Urban Land (Ceiling and Regulations) Act, 1978, and that the suit was liable to be dismissed for non-issuance of statutory notice under section 80 of the Code of Civil Procedure.
Finding of the Court:
The court found that the plaintiffs had established their ownership and possession of the property through sale deeds, patta issued in their name, and various correspondences from government authorities recognizing their possession. The court also held that the defendants failed to produce evidence to support their claim of acquisition under the Tamil Nadu Urban Land (Ceiling and Regulations) Act, 1978. The court further ruled that the suit was not affected by the non-issuance of statutory notice under section 80 of the Code of Civil Procedure.
Issues: The issues included the entitlement of the plaintiffs to a declaration and injunction, the validity of the alleged award under the Tamil Nadu Urban Land (Ceiling and Regulations) Act, 1978, the application of promissory estoppel, the sustainability of the order of cancellation of patta by the first defendant, the defendants' acquiescence to the construction of the building on the property, the bar of time under the Limitation Act, 1963, and the relief to be granted to the parties.
Ratio Decidendi: The court held that the plaintiffs had established their ownership and possession of the property, and the defendants failed to produce evidence to support their claim of acquisition under the Tamil Nadu Urban Land (Ceiling and Regulations) Act, 1978. The court also ruled that the suit was not affected by the non-issuance of statutory notice under section 80 of the Code of Civil Procedure.
Final Decision: The court decreed the suit in favor of the plaintiffs, granting them a declaration of title and permanent injunction against the defendants from interfering with the peaceful possession and enjoyment of the property. The first defendant was directed to issue patta to the plaintiffs revoking the order of cancellation passed by him.
The suit is filed praying for a declaration that the plaintiffs are the owners of the schedule mentioned property and consequently to restrain the defendants and their agents from in any way interfering with the peaceful possession and enjoyment of the schedule mentioned property. It is also prayed that the show cause notice bearing No.J3/74603/2000 dated 25. 2001 issued by the first defendant be declared as null and void and consequently, the defendants be restrained by an order of injunction from taking any action under the notice. It is further prayed that defendants 1 and 2 and their agents be restrained from in any way disturbing possession and enjoyment of the suit schedule property by taking action on the basis of the aforesaid show cause notice.
2. The plaintiffs have averred to in the plaint as follows:-
They are the owners of the property measuring an extent of 3880 sq.mtrs with the building comprised in T.S.No.5-B (S.No.5/15) Block No.14, Periakoodal Village bearing door No.89, Brewary Road, A-Block Anna Nagar, Chennai 600 102 morefully described in the suit schedule, having purchased the same in four plots under four sale deeds dated 17. 1995. The plaintiffs were put in possession by their vendors lawfully and the plaintiffs have been in continuous possession and enjoyment of the schedule mentioned property. The plaintiffs vendor M/s.United Breweries Limited, a Public Limited Company acquired a large extent of land by deed of sale dated 18th September 1915 including the land now purchased by the plaintiffs herein. After several acquisition proceedings, the predecessor in title owned and possessed 4189 sq.mtrs of land together with an old dilapidated building. The provision of the Tamiladu Urban Land (Ceiling and Regulation) Act was applied to the Company land and an extent of 309 sq.mtrs of land was acquired by the Urban Land Ceiling authorities by a resolution dated 30.9.1989. The plaintiffs were issued with patta on 211. 1996. On behalf of the family trust of the plaintiffs, a request was made on 212. 1996 to the Revenue Department, Secretariat, Chennai for allotment of 309 sq.mtrs of land which was acquired under Tamil Nadu Urban Land (Ceiling and Regulations) Act, 1978 at the hands of the plaintiffs vendor. The said request was turned down by the Government holding that it was beyond the capacity of the Trust to purchase the said portion of the land which was valued at Rs.58.37 lakhs. The first defendant and the officers of the State and Central Government have written to the plaintiffs vendor requesting the building standing on the schedule mentioned property for their use. The Inspector of Exhibitions in the Directorate of Advertisements and Visual Publicity, Ministry of Information and Broadcasting has also written to the plaintiffs vendor on 212. 1967 to take the building on the schedule mentioned property on rent for conducting International Fair. The first defendant issued a show cause notice bearing reference No.J3/74603/2000 dated 25. 2001 requiring the plaintiffs to show cause as to why patta issued in favour of the plaintiffs dated 211. 1996 should not be cancelled. The patta was originally issued in favour of M/s.United Breweries, the predecessor in title of the plaintiffs and thereafter the same was transferred in the name of the plaintiffs on the basis of the sale deed in their names. The Urban Land Ceiling authorities maintain records which disclose that the patta and revenue entries were in the name of the previous owner M/s.United Breweries from 1915. If at all there had been any acquisition proceedings by the Corporation ending with the alleged award as on 33. 1953, the Government of India would not have given licence to run an industrial unit after four years of the alleged acquisition and passing of award. The Urban Land Ceiling authorities, as on 20.2.1989 have made a specific finding as to the ownership of the same with the plaintiffs. The building plan was approved for construc
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