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2011 Supreme(Mad) 725

M.Y.EQBAL, P.JYOTHIMANI, T.S.SIVAGNANAM
Latif Estate Line India Ltd. rep. by its Managing Director – Appellant
Versus
Hadeeja Ammal – Respondent


Appearing Advocates:
For the Appellant:V. Raghavachari, Advocate.
For the Respondents: J. Raja Kalifulla, Govt. Pleader, Ms. Chitra Sampath, Amicus Curiae.

Judgment :-


1. These two appeals have been filed against the order passed in W.P.Nos.17555 of 2008 and 27291 of 2008.

2. In W.P.No. 17555 of 2008, the facts of the case are that the writ petitioner (respondents 2 and 3) claims to be the owner of Plot No.223, measuring 2500 sq.ft. comprised in survey Nos.98/5, 98/2A/2 and 98/2B/3, Kakkalur Village, Tiruvallur Taluk and District. The said property allegedly purchased by the writ petitioner by means of registered sale deed dated 13th Nov., 1996, from the 2nd respondent/appellant. She claims that the entire sale consideration was paid and she was also put in possession. However, the 2nd respondent/appellant unilaterally executed the cancellation deed on 27th Aug., 2007, which was registered by the 1st respondent, being Document No.16826/07. The 2nd respondent/appellant denied the allegation and stated that the writ petitioner was not in possession of the property and the appellant continued to be in possession of the same. It was also contended that the sale consideration was not paid. Learned single Judge, following the judgment and order rendered in W.P. No.8567/08 held as under: - i) Challenging registration of a unilaterally execute




























































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