2015 Supreme(Mad) 2867
IN THE MADURAI BENCH OF MADRAS HIGH COURT
R.SUBBIAH, J.
Selvaraju – Petitioner
Vs.
The District Revenue Officer and Ors. – Respondents
W.P.(MD).No.11678 of 2015 and M.P.(MD).Nos.1 & 2 of 2015
Decided On : 09 .09.2015
Advocate Appeared:
For Petitioner: Mr.N.Dilipkumar
For Respondents: Mr.S.Kumar, AGP, Mr.V.Meenakshi Sundraram for Mr.M.Sridharan, Mr.P.Arumugam.
Headnote:
Civil Law - Seeking quash impugned order – Pattedar – Partition Suit – Allotted share - Petitioner is sisters son of wife of one Subbiah Pillai and 4th respondent is one of brothers of said Subbiah Pillai - Subject properties viz., lands in Survey and some other survey numbers in Kalaniykottai Village, comprised in Bit 1 Village, Peravoorani Taluk, originally belonged to said Subbiah Pillai - Said properties were allotted to share of said Subbiah Pillai in a partition made among brothers in year 1951 - Though 4th respondent is one of brothers of said Subbiah Pillai, there was no cordial relationship between them - Whether order passed by 4th the 1st respondent ordering for change of patta in favour of respondent is legally sustainable - Held, Court not inclined to accept the submission made by learned counsel for 4th respondent that since patta was also standing in name of 4th respondent right from 1st 30.08.2010, there is no need to interfere with findings of respondent in impugned order - Since parties have to prove their case by adducing evidence, 1st respondent ought not to have ordered for change of patta in favour of 4th respondent - Evidence on record would show that both parties have made attempts to change patta in respect of subject properties clandestinely without knowledge of opposite party - In this situation, now no significance could be attached to order passed by Deputy Regional Tahsildar - Therefore, claim of 4th respondent that patta is standing in his name after demise of Subbiah Pillai does not attract any significance in this case - Whereas, 1st respondent has erroneously, by deciding question of title and genuineness of documents, ordered for change of patta, which is not legally sustainable - Writ petition is allowed.
This writ petition has been filed by the petitioner praying to quash the impugned order dated 18.06.2015 passed by the 1st respondent in the revision petition filed by the 4th respondent, ordering for change of patta in favour of the fourth respondent and thereby to restore the order dated 15.06.2012 passed by the third respondent, which was confirmed by the second respondent by the order dated 30.09.2014.
2. The case of the petitioner, in brief, is as follows:-
2-1. The petitioner is the sister's son of the wife of one Subbiah Pillai and the 4th respondent is one of the brothers of the said Subbiah Pillai. The subject properties viz., the lands in Survey No.272/17 and some other survey numbers in Kalaniykottai Village, comprised in Vellaiyankottai Bit 1 Village, Peravoorani Taluk, Thanjavur District, originally belonged to the said Subbiah Pillai. The said properties were allotted to the share of the said Subbiah Pillai in a partition made among the brothers in the year 1951. Though the 4th respondent is one of the brothers of the said Subbiah Pillai, there was no cordial relationship between them. There was a deep rift between them. In fact, on 14.08.2003, the said Subbiah Pillai had caused a legal notice published in the newspaper against the 4th respondent mentioning that the 4th respondent is making vicious attempts to grab his property and he is not having any relationship with the 4th respondent and that he intends his wife to inherit his property after his life time. Accordingly, the said Subbiah Pillai had already executed a registered Will in the year 1983 itself in favour of his wife Jeyathammal in respect of all his properties; but his wife Jeyathammal died on 30.04.2010. Since his wife Jeyathyammal pre-deceased him, the said Subbiah Pillai again on 17.05.2010 executed a Will in favour of the petitioner, who is the son of the sister of Subbiah Pillai's wife. After the execution of the Will, the said Subbiah Pillai died on 05.07.2010 at the age of 87 years.
2-2. Upon the demise of Subbiah Pillai, acting upon the Will 3rd dated 17.05.2010, the petitioner had applied for patta before the respondent-Tahsildar on 14.07.2010. In that situation, the 4th respondent herein made a claim in respect of the subject properties on the basis of an alleged fabricated and forged settlement deed dated 23.06.2010 said to have been executed by the said Subbiah Pillai in favour of the 4th respondent. The said settlement deed dated 23.06.2010 does not contain the signature of Subbiah Pillai, who is an educated man and in the habit of signing all his documents. In fact, the registered Will executed by the said Subbiah Pillai in favour of his wife in the year 1983 as well as the subsequent Will dated 17.05.2010 executed by him in favour of the petitioner, contain the signature of Subbiah Pillai. Even the banking transaction made by the said Subbiah Pillai few days before his demise also contains his signature.
2-3. Hence, the petitioner had filed W.P.(MD).No.8706 of 2011 to direct the Tahsildar to dispose of the representation given by the petitioner. The said Writ Petition was disposed of by this Court on 04.08.2011 with a direction to the Tahsildar to consider and pass orders on the petitioner's application for patta. Pursuant to the said order of this Court, the Tahsildar after hearing the respective parties passed a detailed order on 15.06.2012 directing the parties to approach the competent Civil Court in view of the dispute involved in respect of the title claim made by the respective parties. However, the Tahsildar had ordered for maintenance of revenue records in the name of the deceased Subbiah Pillai, till the completion of the adjudication by the Civil Court.
2-4. Aggrieved over the order dated 17.05.2012 passed by the
Tahsildar, the 4th respondent has filed an appeal in Appeal No.21 of 2012 before the Revenue Divisional Officer, 2nd respondent herein. When the said appeal was pending, a communication was sent by the Revenue Di