The Court appointed Receiver is not liable to convey any further land to the purchaser, where the entire land sold by the Court appointed Receiver was correctly measured and handed over to the purchaser.

JUDGMENT :

1. The common facts leading to filing of these batch of cases are enumerated for considering the issues raised in all the cases.

2. The properties, which are the subject matter in these cases, belonged to the common estate of Kottaiyur Nattars. On account of the internal disputes with regard to the possession and enjoyment of the properties commonly, a civil suit came to be instituted on the file of the Sub Court, Devakottai in O.S.No.72 of 1933, which was subsequently, adjudicated by the Sub Court, Ramanathapuram and a decree of partition was issued in O.S.No.21 of 1936. There were two plaintiffs and 98 defendants in the said suit. A Commissioner was appointed to divide the properties by metes and bounds among the persons, who were held to be entitled to the share in the subject properties owned by Ettukarai Valambars of Kottaiyur. The Sub Court, Ramanathapuram, passed a decree on 30.09.1937.

3. Thereafter, the Sub Court, Devakottai, passed an order in I.A.No. 701 of 1944 in O.S.No.72 of 1933 on 15.01.1945 appointing Sri.S.R.Govinda Iyer as Receiver of the suit properties measuring about 2000 Acres of land to effect partition as per the Decree. The Court appointed Receiver was granted with the permission in the order dated 15.01.1945 to dispose of the properties for the discharge of the encumbrances.

4. On 19.11.1956, the Sub Court, Devakottai, closed the final decree application leaving certain properties, which had not been divided in common between all the sharers. The Court appointed Receiver continued to be in management of the subject properties, which had not been divided.

5. In the meanwhile, a Trust, namely, Dr.Alagappa Chettiar College Trust was founded and the Government of Tamil Nadu acquired lands extensively and an area of 252 Acres of land of Kottaiyur Nattars estate was notified for acquisition. The Court appointed Receiver challenged the same and subsequently entered into a compromise with the Government of Tamil Nadu. By the said compromise, the Government dropped the acquisition proceedings in respect of 62.80 Acres of land and the Court appointed Receiver also had given up the claim for enhanced compensation. Subsequently, near about 3.80 Acres of land was notified as an area for District Sports Meet by the Government and the Court appointed Receiver was unaware of the same.

6. There were two private temples in the said estate, which were in the dilapidated condition and as per the sentiments and wishes expressed by the Kottaiyur Nattars, the Court appointed Receiver had undertaken the process of construction and repairing works of the said temples. However, on account of paucity of fund, the Court appointed Receiver was not able to continue the renovation works in the said two temples. Thus, a decision was taken to sell 38.70 Acres of land out of 62.80 Acres exempted by the Government from the acquisition proceedings as the said land was filled up with shrubs and it was an uneven ground.

7. The Court appointed Receiver moved the Sub Court by filing I.A.No.30 of 1983 seeking permission to sell the lands for the purpose of completion of the renovation works of the temples and the Sub Court, by order dated 27.01.1983, accorded sanction to sell 38.70 Acres in favour of M/s.Karpagavinayagar Firm, for a sale consideration of Rs.5,00,000/-. A sale deed was executed and out of the said funds, the temples were renovated and repairing works were also carried out and thereafter, Kumbabishekam rituals were performed. M/s.Karpagavinayagar Firm, purchaser of the land measuring 38.70 Acres, reclaimed and levelled the properties by spending a considerable amount and subsequently, found that a portion of the land measuring 3.80 Acres acquired by the Government also formed part of the said sale deed. M/s.Karpagavinayagar Firm made a complaint about the said fact to the Court appointed Receiver, in consultation with Kottaiyur Nattars agreed to make good the loss by 5 Acres of land contagious to the rest of the lands. Th