MALINI Vs. GUNAVATHY

JUDGEMENT

(1.) The above petitions have been preferred seeking to call for the records in C.C.Nos.155, 156 of 2009 on the file of learned Judicial Magistrate No.II, Poonamallee, and Cr.No.229 of 2010 on the file of T-4 Maduravoyal Police Station and to quash the same.

(2.) All these cases have been heard together and they are given disposal by the common order. The 1st petitioner is the mother and the other petitioners are her sons and daughters. The property in Old S.No.88/1D, New S.No.117/2 measuring total extent of 1.61 acres, belongs to the 1st petitioner/mother. On 26.3.2003, the complainants in Cr.No.2693/2007, who are husband and wife entered into a sale agreement for the purchase of the aforesaid property for a sum of Rs. 27,37,644/- and initially paid a sum of Rs. 5,00,000/- as advance and later a sum of Rs. 1,00,000/-. The petitioners' sons were witnesses to the agreement. However, there were some encroachment in the property and it was agreed that the sale shall be concluded on removal of those encroachments. Removal of encroachments has lead to civil and criminal proceedings.

(3.) While so, an agreement was entered into between the complainants and the 1st petitioner and thereby, the complainants agreed to restrict their sale agreement for half of the property and the remaining half was to be sold to the 2nd complainant.