சசிகலா,சுதாகரன் மற்றும் இளவரசி தரப்பில் கொடுக்கப்பட்ட ஆதாரங்கள் தொடர்ச்சி PW.76 Siva is examined to prove the execution and registration of Documents No.694, 695, 696, 697 and 698/94 in favour of M/s. Riverway Agro Products (Pvt) Ltd., PW.76 has executed these documents as GPA of the respective vendors. The GPAs executed in his favour are marked as Ex.P.325, P.326, P.327, P.328 and P.329 and the certified copy of the sale deed relating to item No.105. Doc. No.694/94 is marked as Ex.P.330 ; Doc. No. 695/95 in relation to item No.106 as Ex.P.339 ; Doc. No.696/94 in relation to item No.107 as Ex.P.345; Doc. No.697/94 in relation to item No.108 as Ex.P.350 and document No.698/94 in respect of item No.109 as Ex.P.357. The power of attorneys are marked as Ex.P.331 to P.334, P.336 to P.338, P.340, P.341, P.342, P.343, P.344, P.346, P.347, P.348, P.349, P.351, 352, 353, 354, 355, 356 through this witness. PW.24 Tagari Tanali Walla, has spoken about the sale of 50 cents of land at Sholinganallur village. According to this witness, that land was purchased by him and his four friends and as they were not able to maintain it, they sold that property for Rs.2,50,000/- which was paid to them by means of 5 cheques for Rs. 50,000/- each and all of them executed the power of attorney in favour of V.N.Sudhakaran and later they came to know that the said property was bought by V.N.Sudhakaran for J. Farm House. The testimony of this witness is not challenged in the cross-examination. The certified copy of the power of attorney marked through this witness as per Ex.P.72 discloses that, under the said power of attorney, absolute power to deal with the above property is granted to Sri.V.N.Sudhakaran. Item Nos. 111, 112, 113, 133, 134, 136, 137, 142, 143, 144, 148, 149, 151, 152, 164, 165, 167, 168, 169 : In order to prove the transaction relating to these items, prosecution has examined PW.56 Sri. Raja Ram. According to this witness, he is doing Real Estate business under the name and style ‘Karthik Real Estate’ at Poroor. After negotiation, he agreed to sell 500 acres of land situate in Uthukadu to Sudhakaran. The price was decided at Rs.10,000/- per acre. For the purpose of execution of the sale deeds, he obtained the power of attorney from the land owners. Through this witness, the prosecution has marked the certified copies of the sale deeds executed by him in favour of Meadow Agro Farms (Pvt) Ltd., as Ex.P.161, P.165, P.172, P.174, P.180, P.184, P.190, P.197, P.207, P.214 and P.221. The certified copies of the power of attorneys are marked through this witness as Ex.P.157 to 160 ; 162-164; 166 to 171; 173 ; 175 to 179 ; 181 to 183 ; 185 to 189; 191 to 196; 198 to 206; 208 to 213 ; 215 to 220. His evidence is discussed in detail in the later part of this judgment. Ex.P.161 (Doc. No.808/94) is dated 22.12.94. It is executed in favour of Meadow Agro Farms (Pvt) Ltd., The office address of the Company and the name of the person representing it are not mentioned in the document. The consideration of Rs.1,27,000/- is shown to have been paid through cheque Nos.360519 to 360521 dated 21.12.92 drawn on Syndicate Bank. PW.70 Venkatesan has stated about the sale of 14.42 acres of land for Rs.1,44,200/- and has stated that he received the consideration through 4 DDs. Through this witness, the copy of the sale deed is marked as Ex.P.291 and the Power of Attorney executed by joint owner Rani is marked as Ex.P.290. There is no cross-examination of this witness. PW.54 Dinathayalam has spoken about the sale of 8.60 acres of land to Meadow Agro Farms (Pvt) Ltd., at the rate of Rs.100 per cent and the copy of the sale deed is marked as Ex.P.148. He has admitted that two DDs. worth Rs.43,000/- each were given to him and his brothers. This witness is not cross-examined by the accused. Ex.P.165 (Doc. No.32/95) dated 10.1.1995 executed by P.S.Raja Ram, in favour of Meadow Agro Farms (Pvt) Ltd., The consideration of Rs.60,000/- is stated to have been received through Syndicate Bank dated 10.1.95 Rs.49,000/- and Rs.11,000/- vide D.D. No.360685. Ex.P.174 (Doc. No.148/95) dated 8.2.1995, the consideration of Rs.96,500/- is stated to have been paid through D.D. 121472 of Indian Bank dated … 2.95. Ex.P.172 (Doc. No.33/95) dated 10th…1995 is executed for Rs.1,16,600/-. The mode of payment is not mentioned. Ex.P.180 (Doc. No.149/95) dated 8.2.1995 for Rs.1,02,900/-, paid through D.D. No.121473 dated 9.2.1995 issued by Indian Bank. Ex.P.184 (Doc. No.213/95) dated 4.3.1995 for Rs.83,200/- paid through Indian Bank DD No.121614 dated 4.3.95. Ex.P.190 (Doc. No.214/95) dated 4.3.95 for Rs.86,500/- paid through Indian Bank D.D. No.12615 dated 4.3.95. Ex.P.197 (Doc. No.242/95) dated …. for Rs. 64,050/- paid through D.D. 121713 dt. 15.3.95 of Indian Bank Ex.P.207 (Doc. No.360/95) dated 29.4.1995 for Rs.71,150/- paid through Indian Bank No.122043 dated 2.5.95. Ex.P.214 (Doc. No.361/95) dated 29.4.1995 for Rs. 1,57,100/- paid through Indian Bank cheque No.122042 dated 2.5.95. Ex.P.221 (Doc. No.446/95) dated 9.6.1995 for Rs.95,000/- paid through D.D., (details not mentioned). Ex.P.154 (Doc. No. 239/95) dated 15.3.95 executed by K. Manavalan, power agent of M.R.M. Raja Gopal for consideration of Rs.10,800/- through bank draft No.121709. Ex.P.155 (Doc. No.240/1995) dated 15.3.95 by K. Manavalan, power agent of M.R.M. Raja Gopal for consideration of Rs.18,000/- through Indian Bank draft No.121711 dated 15.3.95. Ex.P.156 (Doc. No.241/95) dated 15.3.95 by K.Manavalan, power agent of M.R.M. Raja Gopal and others for consideration of Rs.1,12,500/-, paid through Bank DD. (Details not mentioned). These six documents relate to 1/6th undivided share of land in five grounds and 1133 sq. ft. in Sy.No.3334/1A of Luz Avenue, registered as document No.249/95, 248/95, 247/95, 250/95, 251/95 and 252/05 dt. 21.03.1995. PW.43 Nageswar Rao and the District Registrar is examined in proof of the execution of these documents. The name of the purchaser is not entered in any of these documents marked as Ex.P.105 to P.110 respectively. In respect of the payment of consideration, it is mentioned that the consideration of Rs.7.50 lakhs in each case is paid by the purchaser vide Canara Bank, Mylapore, cheque No….. dt. 24.02.1995 in favour of Indian Bank, Abirampuram Branch. The details of the cheque is also left blank in all these documents. Through PW.76, the prosecution has marked the certified copies of the sale deeds executed in favour of M/s. Riverway Agro Products (Pvt) Ltd., viz., Doc. Nos. 811, 812, 813, 814, 815, 816, 817 and 818/1994 marked as Ex.P.363, 366, 377, 388, 396, 408, 419. The power of attorneys executed in the name of PW.76 empowering him to execute the above sale deeds are marked as Ex.P.364, P.365; P.367 to P.376; P.378 to P.387; P.389 to P.395; P.397 to P.407; P.409 to P.418; P.420 to P.430; P.432 to P.442.Though this witness is cross-examined in respect of other aspects spoken to by him in his chief-examination regarding the involvement of the District Registrar Sri.Rajgopal and A-3 in the purchase of the above properties, the execution and registration of these documents and their legal validity is not challenged in the cross-examination. Regarding ed in the name of Riverway Agro Products (Pvt) Ltd., on 22.12.1994 he executed the sale deeds in respect of Doc. Nos. 811 to 818/94.This witness deposed that, his father-in-law had purchased 4 grounds of land in Singravelan Street, Neelangarai in the name of his wife Arifa. They built a house therein by spending Rs.11 lakhs without permission from MMDA. After staying there for a year, they decided to sell that house. In 1993, Sudhakaran and Sasikala came to inspect that house and after negotiation the sale price was settled at Rs. 25 lakhs and they were given Rs.10 lakhs in cash first. The remaining 15 lakhs was paid through D.Ds for Rs.6,80,000/- and Rs.8,20,000/-. The DDs were given to him by A-3. The sale deed pertaining to this land was registered in the name of M/s. Riverway Agro Products Pvt. Ltd., (Doc. No.467/95 & 468/95) Ex.P.910 and P.911 relate to these items of land. Both these deeds are executed by Smt. N. Sasikala (A-2) in favour of Meadow Agro Farms Ltd., for consideration of Rs.1,45,000/- in each case. The mode of payment is not specified in the document. PW.159 is examined to prove these documents. (Doc No.191/95) In the annexure, the document is wrongly typed as 191/95 instead of 491/1995. Ex.P.104 is the registered deed executed by Smt. A. Kanthabai, in favour of A-2 in respect of this item of property. PW.41 is examined to prove this document. (Document No.492/95 & Doc.493/95) PW.159 has spoken about the registration of this property as per Ex.P.912 and Ex.P.913 executed by Mrs. M. Vasantha Bai in faour of A-2 for a consideration of Rs.3,46,500/- and M. Ashok Kumar in favour of A-2 for a consideration of Rs.2,84,000/-. (Doc. No.4752/93) PW.159 is examined to prove the sale deed executed by Smt. Indhirani Rangaraj in favour of Sasi Enterprises dt. 24.12.1993. The total consideration is Rs.5,07,000/- Shed allotted by SIDCO) PW.150 Chandran, Manager in Tamil Nadu Small Scale Industries Development Corporation has stated about the allotment of a site in favourt of Super Duper T.V. Pvt. Ltd., The application is marked as Ex.D.810. The witness has stated that, along with the application, the applicant has paid advance of Rs.5,000/- On 7.4.1995 itself the order was issued allotting 3 industrial sheds. The sale amount of Rs.15.75 lakhs was paid through D.D. of Indian Bank, Abirampuram. The D.D. is marked as Ex.P.811. PW.150 has further stated that the grantee has not taken the possession of the allotted shed, hence the allocation was cancelled on 30.08.1996. PW.142, Kannamani, Manager of SIDCO Company is examined regarding the allotment of 1.12 acres of land to Anjaneya Printers Pvt. Ltd., and the file relating to the allotment is marked as Ex.P.773. The sale price of Rs.8,59,950/- is stated to have been paid on 06.05.1994. (Doc. No.633/94) In respect of this property, PW.77 Janaki, the Sub-Registrar has been examined and the document is marked as Ex.P.323. The learned Counsel has raised serious dispute regarding the cash component shown in item Nos.70, 72 and 74 of Annexure-II. 70. Actual consideration paid to Tr. Jagadesh A Raja S/o. Alagu Raja, 22, Bazullah Road, Chennai-17 by DD Rs.2,35,200/- and by cash Rs.3,35,000/- on 8.3.94 for purchase of 6.75cents covered in Doc.No.189/book 4 of 1994 dt. 9.3.94 of S.R.O. Adyar – Rs.5,70,200.00 72. Actual consideration paid to Tmt. Gayathri Chandran W/o. K.T.Chandravadanam, 22, Bazullah Road, Chennai-17 by DD Rs.530400/- and by cash Rs.3,35,000/- on 8.3.94. - Rs.8,65,400.00 74. Actual consideration paid to K.T.Chandravadanam, 22, Bazullah road, Chennai-17 by DD Rs.2,35,200/- on 8.3.94 and cash Rs.3,35,000/- on 10.4.94. - Rs.5,70,200.00
Posted on: Fri, 03 Oct 2014 09:55:44 +0000
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