Madras HC comes to rescue of 66-year-old man in property dispute

[] The Madras High Court has rejected a suit filed by a person, who allegedly tried to grab the property of a 66-year-old man, by claiming ownership over it based on forged documents

Coming to the rescue of a 66-year-old man, fighting a legal battle for more than five years, to take possession of his property in a prime area in Chennai, the Madras High Court has rejected a suit filed by a person who allegedly tried to grab it, by claiming ownership based on forged documents. Allowing an application from VVV Nachiappan, justice CV Karthikeyan directed the plaintiff, PM Elavarasan, to pay the Rs one lakh to the senior citizen, on or before March 28, 2018.

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Elavarasan had moved court, seeking a declaration that he was the owner of the property and also a direction against Nachiappan and his legal heirs, to hand it over. He claimed he had purchased it from a vendor and some others, for Rs 1.25 crores on April 17, 2013, but that the sub-registrar had declined to register it He preferred appeals and the matter was pending before the Inspector General of Registration, he submitted.

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Nachiappan’s counsel submitted that the vendor had create forged and fake documents like release deed, claiming rights over the property. On a complaint lodged with police and the Registration Department, the release deed was cancelled. Suppressing these facts, the duo made a fake sale deed dated April 17, 2013, in the name of the plaintiff. Meanwhile, Nachiappan moved court and obtained an order to evict Elavarasan from the property, following which the latter filed the present suit, counsel said.

The judge said Elavarasan cannot claim the property, in the absence of his vendor having any valid title. All documents pertaining to the property, relied on by the plaintiff, have been found to be false and forged, he said. The plaintiff was a land grabber and does not deserve any sympathy whatsoever, the judge added.

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