Madras HC gives back 66-year-old's property from land-grabber

Chennai: Coming to the rescue of a 66-year-old man, who has been fighting for over five years to take possession of his property in prime area of Saligrammam, Madras High Court has rejected a suit filed by a person, who attempted to grab the property, claiming ownership based on forged and fraudulent documents.

The court also directed him to pay a cost of Rs 1 lakh to the senior citizen on or before March 28.

Allowing an application from V.V.V. Nachiappan, Justice C.V. Karthikeyan said the plaintiff’s (P.M. Elavarasan) attempt to once again grab by judicial method has to be curbed.

Elavarasan filed a suit seeking declaration that he was the absolute owner of the property, measuring 3,830 sq.ft, and also direction against Nachiappan and his legal heirs to hand over vacant possession of the property. He claimed that he purchased the property from his vendor S.N. Padmanabhan and others for '1.25 crore and the sale deed was executed on April 17, 2013.

When it was presented for registration, the Sub-Registrar, Virugambakkam declined to register the same. He preferred appeals and finally it was pending before the inspector general of registration.

By filing an application, Nachiappan’s counsel S. Thankasivam contended that the Padmanabhan had created forged and fake documents, claiming right over the property. 

He had created a release deed registered in the office of sub-registrar, said to have been executed by fictitious persons.

Nachiappan lodged a complaint with the commissioner of police and the registration department. Later, the district registrar cancelled the release deed and other consequential documents.

Suppressing these facts, Padmanabhan and Elavarasan colluded and created a fake sale deed dated April 17, 2013 in the name of Elavarasan. Meanwhile, he appr-oached this court and obtained an order to evict Elavarasan from the property. Thereafter, Elavarasan filed the current suit, Thangasivam added.

The judge said Elavarasan cannot gain any title over the property in the absence of his vendor having any valid title. As a matter of fact, any suit, which was based on fraud and forged documents, has to be summarily rejected by the court. 

The plaintiff, having come to the court based on fraudulent documents, cannot have any claim over the properties as the entire documents surrounding the property have been found to be false and forged. 

The plaintiff was a land grabber and does not deserve any sympathy whatsoever, the judge added.