Surey No.227, New S.No.227/2 situated at No.154, Jeladampettai Village, Tambaram Taluk. It appears from the settlement deed dated 09.02.1997 that Jaganatha Naicker, Balakrishnan and Gopal have settled the property in favour of Logammal w/o Balakrishnan, D/o Perumal Naicker. After executing the 27 cents + 2 cents for the pathway, balance of property appears to have been partitioned among the three brothers stated above on the very same day, namely 09.02.1997. It appears that after the death of the Balakrishnan, some legal heirs of the said person have filed suit in O.S.No.201 of 1977 against the legal heirs of Jaganatha Naicker, Balakrishnan and Gopal and in a compromise memo, 9 cents each was divided to three families. At this juncture, 29 cents out of which 2 cents have been given to pathway and 27 cents were already given to Logammal, none of the legal heirs of Logammal were made as a party. Hence I find that the submission of Mr.Palanivel, learned counsel for the petitioner that the decree in O.S.No.201 of 1977 is a collusive and fraudulent decree and the land was not available for partition when the respective fathers already settled the properties in favour of Logammal. On the above factual background, I am inclined to grant anticipatory bail to the petitioners.
