TaxTMI 
TaxTMI 
TaxTMI 
2025 (9) TMI 1002
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.... order dated 17.09.2010 in Comp.A.Nos.884 to 886 of 2008, the Official Liquidator was appointed as the Provisional Liquidator of the Company. 2. While the Company was in operation, one of the projects developed by the Company was the Maxworth-Thimmapuram - M & Extension Project. In respect of this project, the Company approached the owners of about 81 parcels of land and obtained one registered sale deed (Document No.715/1995) dated 06.06.1995 and about 80 powers of attorney. The total extent of land in this project was about 284.915 acres. Thereafter, the lands were divided into one acre, 1/2 acre and 1/4 acre plots, which were partly conveyed to customers. The unsold extent of 182.165 acres was brought for sale by public auction pursuant to a sale notice. At the auction, Damodar Techno System Private Limited was declared as the successful bidder for a total sale consideration of Rs. 3.40 crores. These applications were filed thereafter by three rival claimants. 3. The rival claimants are S. Mahendran (applicant in Comp.A.Nos.421 & 422 of 2022), K. Singili (applicant in Comp.A.Nos.578 & 579 of 2022) and K. Karuppaiah (applicant in Comp.A.Nos.580 & 581 of 2022). By these appl....
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....9;s summons. He submitted that these lands were purchased under four sale deeds executed by the respective land owners (sale deeds bearing Document Nos.915/2019 and 916/2019, both dated 27.03.2019; sale deed bearing Document No.3485/2020, dated 24.12.2020; and sale deed bearing Document No.4162/2021, dated 11.11.2021). He also referred to and relied upon three sale deeds, each dated 18.03.2019, under which the predecessors-in-title of K. Singli acquired the lands. The Applicant herein also relies on Pattas Nos. 853, 896, 897, 898, 965. As regards the claim made by the Company over these lands, he contended that the Company asserts title solely on the basis of registered powers of attorney and that the receipts produced by the Company are only in respect of about ten acres out of the total extent of 30.655 acres. 7. Mr. Nanchill J. Rajkumar proceeded to make submissions in respect of the applicant in Comp.A.Nos.580 & 581 of 2022 thereafter. He pointed out that the applicant asserts title to an extent of 4.03 acres in the survey numbers mentioned in the Judge's summons. He pointed out that these lands were owned by Vardhan Foods, and that the said entity transferred these land....
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....was executed by Mr. Sanjay Mehra as agent of Vardhan Foods. While the sale deeds bearing Document Nos.811/2019 and 841/2019 are in favour of M. Ramar and A. Jayaraj, sale deed bearing Document No.816/2019 is in favour of R. Pramod Kumar. 11. Document No.811 of 2019 covers Survey Nos.4/2 (1.48 acres), 4/3 (1.80 acres), 4/4 (1.26 acres), 4/5 (0.86 acres), 5/1A (1.40 acres), 5/1B 0.94 acres), 5/6A (0.89 acres), 5/6B (0.82 acres), 19/1( 5.84 acres), 15/6 acres), 15/7 (1.03 acres), 23/2 (3.37 acres) and 23/4 (3.36 acres). Document No. 841 of 2019 covers Survey Nos. 6/1A (0.37 acres), 6/1B (0.73 acres), 6/1C (1.04 acres), 6/2 (0.90 acres), 6/3 (0.85 acres), 6/5 (0.84 acres), 6/6 (1.72 acres), 8/2 (1.05 acres), 8/4 (0.33 acres), 8/5 (0.22 acres), 8/6 (0.77 acres), 8/7 (0.77 acres), 8/8 (1.44 acres) and 8/9 (0.73 acres). Document No.816 of 2019 covers Survey Nos.19/3A (0.27 acres), 19/3C (0.27 acres), 19/2C (1.01 acres) and 5/8 (1.87 acres). The general power of attorney document in favour of Mr. Sanjay Mehra has not been placed on record. More importantly, no document antecedent to 18.03.2019 has been placed on record. 12. The claim of the Company, as regards these survey numbers, i....
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....of a developer. Paragraphs 26 and 27 of the said judgment are as under: "26....The said "SA/GPA/will transactions" may also be used to obtain specific performance or to defend possession under Section 53-A of the TP Act. If they are entered into before this day, they may be relied upon to apply for regularisation of allotments/leases by development authorities. We make it clear that if the documents relating to "SA/GPA/will transactions" have been accepted/acted upon by DDA or other developmental authorities or by the municipal or Revenue Authorities to effect mutation, they need not be disturbed merely on account of this decision. 27. We make it clear that our observations are not intended to in any way affect the validity of sale agreements and powers of attorney executed in genuine transactions. For example, a person may give a power of attorney to his spouse, son, daughter, brother, sister or a relative to manage his affairs or to execute a deed of conveyance. A person may enter into a development agreement with a land developer or builder for developing the land either by forming plots or by constructing apartment buildings and in that behalf execute an agree....
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....s) and 7/3B (0.89 acres). The antecedent documents that he relies on are sale deeds bearing Document Nos.1298/2006, 1300/2006, 813/2019 and also GPA dated 06.03.2012. Sale deed 813/2019 was executed by Vardhan Foods, represented by Mr. Sanjay Mehra, to and in favour of R. Pramod Kumar. The sale deeds in favour of Vardhan Foods, being Document Nos.1298/2006 and 1300/2006, refer to the execution of powers of attorney in favour of J. Jesuraj by the original land owners. None of these powers of attorney have been placed on record. 18. The Company relies upon powers of attorney executed by the original land owners in favour of its ex-employees. As stated while dealing with the applications of K. Singili, the Company asserts that the original powers of attorney are in its custody. The Company also asserts that the parent documents are in its custody. In the typed set filed by the Administrator on 22.11.2022, the relevant general powers of attorney, parent documents and employment details of the agent of the Company, G. M. Selvaraj, have been placed on record. The parent documents stand in the name of the land owner, who, thereafter, executed the powers of attorney in favour of the Com....