Chennai: The district court-II, Kanchipuram, has ordered notice to a doctor accused of encroaching a prime property belonged to a 74-year old person hailing from Kerala. The doctor had constructed a building after encroaching the land in Sriperumbudur three years back. The petitioner Hugo John Gozmao, 74, of Kollam, Kerala, submitted that he was owner of eight plots measuring 19,200 sq ft in Pillaipakkam village, Sriperumbudur taluk. He purchased the plots from Dhanapal and four others in 1996.
While so, in June 2013, Dr. V. Dharmalingam, Adyar, encroached his land measuring 6,540 sq ft in the western side of his property. Since, Gozmao resided in Kollam, Dharmalingam had taken advantage and also raised a building on the land. He came to know about the encroachment in July 2013. When enquired with Dharmalingam, he came forward to purchase the land on the prevailing market value. Since, he constructed a building in encroached land, Gozmao had no alternative to sell the encroached portion of the land to him.
Following prolonged negotiation, a sale agreement deed was executed for Rs 35.97 lakh in August 9, 2014. Dharmalingam paid an advance of Rs 5,50,000 and agreed to pay the remaining amount in two months. As Dharmalingam refused to pay the amount, Gozmao returned the advance amount and terminated the sale agreement by a notice dated January 27, 2015. Since, the agreement was terminated, the petitioner demanded Dharmalingam to pay him Rs 30.97 lakh.
Despite repeated request and demand, Dharmalingam paid Rs 10 lakh in April 2015 and sought another two months to settle the remaining Rs 20.97 lakh. As he refused to pay the amount, the petitioner issued a notice on July 11, 2016, calling upon him to settle the amount. As all other options failed, he filed the suit before the court seeking appropriate relief. Meanwhile, Dharmalingam entered into a joint venture project with secretary, department of Ayush, Union ministry of health and family welfare, New Delhi for manufacturing siddha medicine. The work has been carried out on the premises constructed on the encroached land.
In the petition, he sought direction to Dharmalingam to pay the balance amount and failing which Dharmalingam shall vacate the land after removing the superstructure. The judge adjourned the matter to November 2 for further hearing....