Tenant’s son sold owner's property; buyers reach HC

A tenant family in Vathikuppam, Tamil Nadu, defied a Supreme Court eviction order and sold their landlord's property to two third-party buyers without knowing the legal order. The buyers, unaware of the eviction, believed the tenant had the right to sell the property. When the landlord, Mr Paulin, discovered the sale, he filed a case against the new buyers to halt their possession.

The Madras High Court ruled that the buyer's claim was based on a sale deed signed by the tenant's son, Ronaldo, who had no legal right to sell the property. The court found no reason to restrain the landlord, and the new buyers lost the case. The eviction order, issued in 2005, stated that Mr Joseph, the tenant, had to vacate the property by August 31, 2006, and hand over possession to the landlord.

Despite this, Joseph did not leave, and his son Ronaldo sold the property to the buyers. The landlord filed a case for cancellation of the sale and settlement deeds, and the District Registrar cancelled the sale deed in December 2015. The new buyers, aggrieved, sought a permanent injunction, but the Madras High Court struck off the case under Article 227, holding it an abuse of process and a re-litigation of the same property.

The court emphasized that a settlement deed does not grant ownership rights, and landlords should conduct proper checks on property registration records to avoid such issues.