A.S.No.1 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2022
Coram
THE HONOURABLE MR. JUSTICE D. BHARATHA CHAKRAVARTHY
A.S. No. 1 of 2015
Ragunathan ... Appellant
Versus
1. Union of India
Rep.by
The Secretary to Government (Revenue)
Government of Puducherry.
2. The Deputy Collector (Revenue) cum
Land Acquisition Officer,
Puducherry. .. Respondents
Appeal filed under Section 96 Civil Procedure Code to set aside
the impugned order dated 14.09.2010 passed in LAOP.No.125 of 2007
on the file of III Additional District Judge at Puducherry.
For Appellant : Mr.S.Udayakumar
For Respondents : M/s.G.Djearany
Government Advocate
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https://www.mhc.tn.gov.in/judis
A.S.No.1 of 2015
JUDGMENT
The appeal is filed by the third respondent in LAOP.No.125 of 2007 aggrieved by the judgment and decree of the learned III Additional District Judge, Puducherry dated 14.09.2010 in LAOP No. 125 of 2007 in and by which, out of the total compensation amount of Rs.3,18,184/-, only 50% of the amount being Rs.1,59,092 was ordered to be paid to the appellant herein while the rest is now lying in the deposit of the trial Court.
2. On acquisition of the land, there were rival claims from one Natarajan the first respondent in the LAOP and Kuppusamy the second respondent in the LAOP. Accordingly the reference was made and was taken on file as LAOP No.125 of 2007. In spite of service of notice, in spite of the said Natarajan being alive, the Natarajan did not appear before the trial Court and did not file any claim statement. The second respondent in the LAOP namely Kuppusamy filed a claim statement. In the said claim statement it is clearly stated that the acquired property 2/6 https://www.mhc.tn.gov.in/judis A.S.No.1 of 2015 being an extent of 48 Are, 50 centiare situated in Vadanur Village, Puducherry in R.S.No.63/3 which is acquired by award No.4 of 2005, originally belonged to his grand father Chinnasamy Gounder. On 15.05.1965 the said Chinnasamy Gounder executed a registered donation deed and donated the property in favour of Murugesa Gounder who is the son of the second respondent. The said Murugesa Gounder died during his childhood and therefore it is claimed that the second respondent had become the absolute owner of the property. The second respondent had also died pending the LAOP and the third respondent being his legal heir, namely, Raghunathan, was brought on record. The third respondent examined himself as RW1 and the documents in Ex.R1 to Ex.R7 in support of the claim were marked. However, the trial Court found that in Ex.R4 joint patta, the names of both Natarajan and Kuppusamy is mentioned and therefore did not accept the case of the appellant/respondent No.3 and ordered that they will be entitled to only for 50%. Aggrieved by the same the present appeal is filed before this Court.
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3. As far as the learned Government Advocate appearing on behalf of the Acquisition Officer is concerned, she would submit that they have deposited the entire award amount and it is an interse dispute between both the respondents in the LAOP and therefore she leaves it to the Court. The learned counsel would submit that even though on earlier occasion, he was directed to take steps to implead the legal heirs of Natarajan, as a matter of fact they are unable to locate the legal heirs of the said Natarajan. He would further submit that they are not duty bound to implead the legal heirs on record. The said Natarajan was alive during the LAOP proceedings. He did not contest the matter. Even after his death, his legal heirs did not come on record even before the trial Court in the LAOP proceedings. The factum as to the death of Natarajan has been recorded by the trial Court itself.
4. In that view of the matter, he would pray that this Court should proceed to hear the matter on merits and decide the issue and submitted 4/6 https://www.mhc.tn.gov.in/judis A.S.No.1 of 2015 that since he has categorically proved that there was a settlement deed which was executed by the deceased grand father in the name of the grand son, merely because the name is found in the patta, the same will not in any manner result in conferring the title on the said Natarajan or on his legal heirs.
5. Considering the said submissions made by the learned counsel for the appellant, considering the fact that the said Natarajan did not file any claim statement even though he was alive during the LAOP proceedings and considering the fact that the legal heirs did not come on record and even till date there is no any petition filed on behalf of them and considering the reason by the trial Court which is only based on joint patta when the document of title has been produced as Ex.R2 which is a settlement deed, I am of the view that the judgment and decree of the trial Court is erroneous in law as the appellant has proved his title to the property. More so the rival claimant had not cared to defend the matter. In that view of the matter, the appeal suit is allowed on the following 5/6 https://www.mhc.tn.gov.in/judis A.S.No.1 of 2015 terms.
1. the judgment and decree of the learned III Additional District Judge, Puducherry dated 14.09.2010 in LAOP No.125 of 2007 is set aside in as much as it orders to keep 50% of the award amount namely a sum of Rs.1,59,092/- in Court deposit itself;
2. the appellant is held entitled to the entire compensation amount of Rs.3,18,184/-;
3. the amount of Rs.1,59,092/- lying in deposit of the LAOP No.125 of 2007 on the file of the III Additional District Court Puducherry shall be paid to the appellant herein along with accrued interest if any. No costs.
08.09.2022 dpq Index : Yes / No Speaking order : Yes / No 6/6 https://www.mhc.tn.gov.in/judis A.S.No.1 of 2015 To
1. Union of India Rep.by The Secretary to Government (Revenue) Government of Puducherry.
2. The Deputy Collector (Revenue) cum Land Acquisition Officer, Puducherry.
3. The III Additional District Court, Puducherry.
4. The Section Officer, VR Section, Madras High Court, Chennai.
7/6 https://www.mhc.tn.gov.in/judis A.S.No.1 of 2015 D. BHARATHA CHAKRAVARTHY, J.
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