ஜெயலலிதா தரப்பில், She has not committed any misconduct as alleged by the prosecution and the charges leveled against are without substance and case has been foisted on her by her political opponents viz., DMK Party என்பது நிரூபிக்கும் வகையில் EVIDENCE: PW.1 P.V. Rajaram has stated that, in the year 1971 he bought a vacant site measuring 3 ½ grounds in Poes Garden, Chennai, out of which he gave 2 grounds site to his brother-in-law’s wife. The remaining 3800 sq. ft. was with him. At that time, Sasikala’s husband Natarajan approached him and he agreed to sell the said land for Rs.8 lakhs and received the sale amount by way of 3 cheques for Rs. 4 lakhs, 1 lakh and 3 lakhs respectively. The cheques were signed by Selvi J. Jayalalitha. The cost of registration was also borne by the purchasers. Through this witness, the prosecution has marked the original sale deed Ex.P.1(Doc. No.424/91). The accused have not disputed the execution and registration of the sale deed and the payment of consideration as evidenced in Ex.P.1. PW.2 E.V.Chakravarthi, Sub-Registrar, is examined to prove the registration of this document. According to this witness, Ex.P.1 was presented for registration on 22.7.1991, but as per the guidelines, the value of the property was Rs.15,73,814/-. Hence, he did not register the property on that day. On 24.07.1991 the deficit stamp paper and the stamp fees were paid and accordingly, he registered the document as per Ex.P.1. Through this witness, the attested zerox copy has been marked as Ex.P.2. This witness is not cross-examined. PW.138 Raja Gopalan is examined to prove item No.19. According to this witness, he and his son R. Srinivasan executed the sale deed Ex.P.646 (Doc. No.1410/91) on 14.08.1991 for a consideration of Rs.6 lakhs. The property was purchased by Mrs. N. Sasikala, Poes Garden, Chennai. The consideration was given through two DDs. of Rs 3 lakhs each to him and his son drawn on Canara Bank Mylapore Branch, Chennai dated 13.08.1991. At the time of registration, Jararaman had come to the registration office and he gave the D.Ds to PW138. This witness is also not cross-examined. Nonetheless, the prosecution has examined Sri. Ragavelu, Sub-Registrar, who registered the document (ExP.646) as PW99. According to this witness, the consideration was in accordance with the sale value guidelines and hence, he registered the document as per Ex.P.646. This witness is also not cross-examined. Ex.P.646 is the certified copy of the sale deed, whereunder, the properties at item No.19 areseen to have been purchased by A-2 (Sasikala for a consideration of Rs.6 lakhs as stated by the witnesses. The details of the pay orders are also mentioned in the said sale deed. PW.3 Thangavelu, the Sub-Registrar is examined to prove Ex.P.4 (Doc. No.3285/91), the sale deed dated 22.09.1991 in respect of item No.20. In his evidence, PW.3 deposed that, out of the sale consideration of Rs.12,60,000/- an amount of Rs.2,60,000/- was paid through account payee cheque drawn on Mylapore, Canara Bank and the rest of the amount was paid through D.D. of Indian Bank, Abirampuram Branch. According to the valuation guidelines, the land value was Rs.17,52,703/- as on the date of the registration. Hence, on collecting the deficit stamp duty and the charges, he registered the document. Through this witness, the registered sale deed standing in the name of Jaya Publications is marked as Ex.P.4. PW.137 Tajuddin has deposed that, he was the Director of M.M.Nyanmar Exports Pvt. Ltd., During 1976 he started a Real Estate Company by name Holiday Sports Pvt. Ltd., In 1982, he bought an old building with land at Door No.14, Kadhar Nawaz Khan Road for Rs. 8 lakhs. He built a basement with three floors totaling 60,000 sq. ft. During 1985, he advertised for the sale of the basement. Mr. Mahadevan from Sasi Enterprises approached him and he agreed to sell Door No.14 at Rs.450/- per sq. ft. totaling Rs.1,85,000/- and accordingly executed the sale deed on 20.09.1989 in favour of Sasi Enterprises. Through this witness, prosecution has marked the certified copy of the sale deed as per Ex.P.769. A reading of this document discloses that the sale deed taken place on 20.09.1989, much earlier to the check period. In item No.21 of Annexure – II, the document number is erroneously mentioned as document No.92/1992. Ex.P.769 is registered as document No.526/1989 before the check period. Hence, the amount of Rs.2,98,144/- shown against item No.21 is liable to be deducted. PW.163 Sri. Srinivas Rao has deposed that, in the year 1992, he was working as Sub-Registrar in Maripalli, Hyderabad District. Document No.722/92 was registered by him on 25.03.1992. It was presented for registration on 20.03.1992. The sale consideration was Rs. 5 lakhs, out of which, Rs.50,000/- was paid through pay order drawn on Syndicate Bank and Rs. 4 lakhs through D.D. No.828957 dated 19.03.1992 drawn on Canara Bank Mylapore Branch and Rs.50,000/- through D.D. 828958 dated 19.03.1992 drawn on Canara Bank Mylapore Branch. The certified copy of the sale deed is marked as Ex.P.935. This witness is not cross-examined. PW.3 Sri. Thangavelu, the Sub-Registrar deposed that document No.2237/92 dated 29.05.1992 executed by Tamil Nadu Small Scale Industrial Corporation (TANSI) in favour of Jaya Publications was registered by him as the original sale deed marked as Ex.P.6. A perusal of this document reveals that the properties at item No.23 was purchased for a total consideration of Rs.1,87,43,932/- paid as under; i) DD No.209686 dated 9.12.1991 drawn on Canara Bank Mylapore, Madras-600004 - Rs. 9,10,658/- ii) Bankers Pay Order No.117526 dt.28.5.92 issued by Indian Bank, Abirampuram, Madras – 600 018 - Rs.150,00,000/- iii) Bankers Pay order No.117527 dt.28.5.92 issued by Indian Bank, Abirampuram, Madras-600 018. -Rs. 28,33,274/- Total - Rs.1,87,43,932/- PW.3 has also spoken about the registration of Ex.P.8 sale deed executed by TANSI in favour of Sasi Enterprises in respect of item No.25 comprising of land, buildings and machineriies. Ex.P.8 is the certified copy. It is dated 30.09.1992. (document No.3780/92). The total sale consideration is Rs.79,54,650/- It is recited in the sale deed that the consideration was paid by means of DDs as mentioned in the sale deed. The accused have neither disputed the execution of the sale deed nor the payment of the consideration as shown in Ex.P.8. PW.4 Tr. Ramachandran has deposed that, in the month of May 1990, he had bought old house and site measuring 1400 sq. ft. for Rs.16 lakhs. During the month of September 1992, an auditor by name Rajesekaran (PW.228) approached him to purchase the house for Sasi Enterprises. He agreed to sell it for Rs.43 lakhs and received advance of Rs.23 lakhs under a sale agreement through DDs. After obtaining the income tax clearance certificate, he received the balance consideration and executed the sale deed as per Ex.P.23. Ex.P.23 is the original sale deed executed by PW.4 in favour of Sasi Enterprises. It is recited therein that the consideration of Rs.23 lakhs was paid bymeans of pay order Nos.610533, 510534, 410535 for Rs.9,00,000/-, Rs.9,00,000/- and 5,00,000/- respectively on 25.9.92. This witness also is not cross-examined by the accused. ஆதாரங்கள் பற்றிய தொகுப்பு அடுத்த பதிவில் தொடரும்............
Posted on: Fri, 03 Oct 2014 09:09:50 +0000
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