The court affirmed the petitioners' ownership rights and quashed the refusal to register the sale deed due to lack of evidence from the opposing party.

ORDER :

G.K.Ilanthiraiyan, J.

This Writ Petition has been filed challenging the refusal check slip issued by the third respondent dated 09.12.2024, thereby refused to register the sale deed in respect to the property bearing in Municipal Old Ward No.I and New Ward - A Block No.45 in TS No.1508/1A1B at measuring to an extent of 514 Sq. Ft. out of 11771 Sq. Ft. is equivalent to 47.75 Sq.mtr in TD No.1061 situated at Saraswathi Garden Raghavendrapuram third street, Shankar Nagar, Vellithirumutham Revenue Village, Srirangam Taluk, Tiruchirappalli District.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The property bearing in Municipal Old Ward No.I and New Ward - A Block No.45 in TS No.1508/1A1B in TD No.1061 situated at Saraswathi Garden, Raghavendrapuram third street, Shankar Nagar, Vellithirumutham Revenue Village, Srirangam Taluk, Tiruchirappalli District, to an extent of 9 Acres 40206 sq.ft. originally belonging to one Srinivasan Chetty. He had given the subject property to one Ramasamy Muthiraiyan as lease on 03.07.1926 and the same has been registered vide document No.1730/1926.

4. Thereafter, the said Srinivasan Chetty executed a Will in favour of his wife, viz., Renganayaki Ammal. After the demise of the said Srinivasan Chetty, his wife Renganayaki Ammal is the sole legal heir. Thereafter, the said Renganayaki Ammal adopted one Krishnamoorthy Chettiyar as her stepson vide registered adoption deed. Hence, both are an absolute owners of the subject property. In the year 1951, both had executed and equitable mortgage deed and the same was registered by the third respondent. Further, in the year 1962, the said Renganayaki Ammal had executed a settlement deed in favour of her son, viz., Krishnamoorthy Chettiyar and the same was also registered.

5. On perusal of the settlement A register of the year 1930, it revealed that the subject property stands in the name of Renganayaki Ammal and others, who had purchased the part of the property. Thereafter, during the year 1963, the Madras Minor Inam (Abolition and Conversion into Ryotwari) Act, 1963, was enacted and the said Renganayaki Ammal and others claimed Ryotwari patta. Accordingly, the title deed was issued in T.D.No.1061 in their favour. On suo-motu enquiry initiated by the settlement Tahsildhar under the Madras Minor Inam (Abolition and Conversion into Ryotwari) Act, 1963, for the purpose of granting patta for the land situated at Vellithirumutham village, Tiruchirappalli. Accordingly, the said Renganayaki Ammal and others were issued patta and it become final, since no appeal was filed as against the order passed by the settlement Tahsildhar. After the demise of the said Renganayaki Ammal, his son, viz., Krishnamoorthy and his family members devolved the subject property as family partition. In view of the family partition D schedule property was allotted to one Revathi, who is the daughter of said Krishnamoorty and she was the absolute owner of the subject property. In turn, he executed a sale deed in favour of one Veerayi ammal. In turn, the said Veerayi ammal executed a Will to her grandson, viz., Subramanian and his wife and another son, viz., Arjun. After the demise of said Veerayi ammal, the Will executed by her had come into force and to that effect, the subject property was devolved to said Subramanian and his wife, viz., Sindhanaiselvi. Thereafter, the said Subramanian died leaving behind his wife and daughter and his mother as legal heris. After his demise, the property was equally devolved by the legal heirs. On 12.06.2018, the said Sindhanaiselvi, who is the wife of Subramanian executed settlement deed in favour of the first petitioner and his brother, viz., Arjunan and the mother of Subramanian, namely, Mookkayi executed a settlement deed in favour of her grand daughter, viz., Nithya Sri. Thereafter, the said Nithyasri executed a settlement deed in favour of her mother. In turn, she executed a settlement deed in favour o