ORDER :

[PRAYER IN C.A.Nos.3 & 4 of 2022: This Application is filed under Order XIV, Rule 8 of O.S. Rules 1956 r/w Sections 9, 11(b) of the Company Rules, 1959 praying to direct the Official Liquidator to exclude/delete the lands of the Applicant in S.F.No.287/4 from the list of details of the property for sale, i.e. Sl.No.99 – village Nagampatti – Project – MAX – NAGAMPATTI in Tirunelveli HUB in the sale notice dated 03.12.2021, measuring to an extent of about 3.27 acres in Nagampatti Village, Kayattar Taluk, Thoothukudi District in the sale notice dated 03.12.2021 for auction to be held at 11.01.2022 or any other subsequent date issued in pursuance to the orders of this Court in CA No.297 of 2021 in CP.No.57 of 1998.]

1. These applications are presented by a person claiming title to lands ad-measuring 3.27 acres in S.No.287/4A, at Nagampatti village, Kayattar Taluk, Thoothukudi District.

2. In Company Application No.3 of 2022, an interim stay of the auction sale is prayed for. In Company Application No.4 of 2022, the applicant seeks a direction to exclude/delete the lands of the applicant in S.F.No.287/4 from the sale notice. In support of the claim for title, the applicant has placed on record the sale deed, patta and tax receipts.

3. Mr.Silambanan, learned senior counsel for the applicant, submitted that the applicant traces his title by way of a registered sale deed dated 22.01.2021 registered in the office of the Sub-Registrar, Kadambur, vide Doc.No.85/2021 in Book No.1. He submitted that Mr.Manthiram Chettiar was the original owner of the property in S.No.287/4 of an extent of 3 acres and 52 cents. It is submitted that he passed away on 20.09.2003 and that the sale deed was executed by the surviving legal heirs of Mr.Manthiram Chettiar, namely, Mrs.Muthulakshmi (daughter), Mr.M.Arunachalam (son), Mrs.Pushpam (daughter), Mrs.Indirani (daughter), Mr.Mariappan (son) and Mrs.K.Parvathy (daughter-in-law and wife of Mr.Kannan (son), who passed away on 19.08.2020). He further stated that the Encumbrance Certificate dated 27.08.2014 did not reflect any encumbrance in the property of Mr.Manthiram Chettiar, except to an extent of 25 cents of land which is in the name of Mrs.B.Uma Maheswari.

4. In response to the applications, the learned Administrator filed a common counter dated 27.01.2022. In the said counter, it was asserted that the company in liquidation (the Company) acquired lands of an extent of 106.33 acres from the original owners in Nagampatti & Kuthiraikulam villages after paying full consideration under 70 registered general powers of attorney in favour of its employee, Mr. A.Pulivaganan (Pulivaganan). Pursuant thereto, the Company took possession of the entire extent of land, conducted a survey and plotted the land. It is further submitted that the GPA holder, Pulivaganan, registered sale deeds in favour of 100 customers and entered into maintenance agreements for orchard development with 149 customers.

5. As far as S.No.287/4 in Nagampatti village is concerned, it is stated that the Company acquired 3.52 acres of land, through its then employee, Pulivaganan, from the land owners vide GPA Doc.No. 337 of 1995 by paying full consideration to the original land owners and that the sale receipt is available. It is further stated that both parties admit that the Company executed a sale deed in favour of one of its customers for an extent of 0.25 acres vide Doc.No.267/1997. The remaining lands of an extent of 3.27 acres were brought to auction sale as item 12 (Nagampatti project) vide order passed by this Court in C.A.No.297/2022.

6. Mr. Karthik Seshadri, learned counsel for the learned Administrator, relied on the particulars of the 70 registered general powers of attorney in favour of Pulivaganan under which a total extent of 106.33 acres of land constituting the Max-Nagampatti Project was acquired. The documents available with the Company in respect of individual survey numbers were also referred to. As regards Survey No.