Madras High Court
Chitra Bhakthavathsalam vs C.Subramanian on 26 April, 2021
S.A.No.615 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.04.2021
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.615 of 2015
and M.P.No.4 of 2015
C.M.P.No.6890 of 2016
1.Chitra Bhakthavathsalam
2.B. Prabhu ...Plaintiffs/Respondents 1 and 2
Appellants
3.P.Venkatesh Raja
4.B.Sudarsana Raghavan ...3rd party/7th respondent/
Appellants
Vs.
1.C.Subramanian
2.K.Vivegananda Subramania Nathan
3.Radhakrishnan ...Defendants 1 to 3/Appellants/
Respondents 1 to 3
4.Kanagaraj
5.V.Jayamani ...Defendants 4 and 5/Appellants
Respondents 4 and 5
(As per orders of this Court dated 26.04.2021 R4 and R5
were excluded from the array of parties by PTAJ)
1/13
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S.A.No.615 of 2015
6.T.Umapathy
7.S.P.Dayanithi
8.The Sub Registrar,
Anna Nagar Sub Registrar Office,
Anna Nagar,
Chennai – 600 040. ...Defendants 6o to 8/
Respondents 3 to 5/
Respondents 6 to 8
PRAYER: Second Appeal filed under Section 100 of the Code of
Civil Procedure against the Judgment and Decree dated 17.02.2015
made in A.S.No.283 of 2012 on the file of the learned XVII
Additional Judge, City Civil Court, Chennai, reversing the Judgment
and Decree dated 04.07.2012 made in O.S.No.8554 of 2008 on the
file of the XII Assistant Judge, City Civil Court, Chennai.
For Appellants : Mr.G.Masilamani
Senior Counsel for
M/s.K.Surendranath
For Respondents : Mr.R.P. Manikandan for R1
R2- vacated
Mr.Mr.A.R.Anand for R3
R6 and R7 – No such person
2/13
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S.A.No.615 of 2015
JUDGMENT
The Second Appeal arises against the Judgment and Decree
dated 17.02.2015 in A.S.No.283 of 2012 on the file of the learned
XVII Additional Judge, City Civil Court, Chennai, reversing the
Judgment and Decree dated 04.07.2012 in O.S.No.8554 of 2008 on
the file of the XII Assistant Judge, City Civil Court, Chennai.
2.The suit O.S.No.8554 of 2008 was filed by the appellants
herein for the following reliefs:
“(1)For mandatory injunction thereby to declare
the General Power Document executed by
S.P.Dayanithi, the 7th defendant to and in favour of the
2nd defendant bearing document No.359/04, dated
27.04.2004 registered on the file of T.Nagar Sub
Registrar Office, Chennai is null and void and not
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S.A.No.615 of 2015
binding on plaintiffs;
(2)For mandatory inunction thereby to declare
the Sale Deed bearing Document No.1988 of 2007
dated 30.05.2007 executed by the 2nd defendant in
favour of the 1st defendant registered on the file of Anna
Nagar Sub Registrar Office, Chennai is null and void
and not binding on plaintiffs;
(3)For Mandatory injunction thereby to declare
the General Power Document executed by the 1st
defendant to and in favour of 3rd defendant bearing
Document No.2466 of 2008 dated 25.05.2008
registered on the file Anna Nagar Sub Registrar Office,
Chennai is null and void and not binding on plaintiffs;
(4)For declaration to declare that the Sale
Agreement bearing Document No.3408 of 2008 dated
24.08.2008 executed by the first defendant through his
power agent third defendant to and in favour of
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S.A.No.615 of 2015
Kanakaraj and Jayamani, the 4th and 5th defendant is
null and void and not binding on plaintiffs;
(5)For permanent injunction restraining the
defendants 1 to 5 or their men, agent, servant, any
persons claiming under them from interfering the
plaintiff's peaceful possession and enjoyment of the suit
schedule property; and
(6)For mandatory injunction thereby direct the 8th
defendant to make entry of this Decree and Judgment
on the file of the 8th defendant in the Book I and IV,
respectively on the file of the 8th defendant and for
costs.”
3.The case of the plaintiffs was that the suit property measuring
an extent of 4227 sq.ft consisting of land and building bearing Plot
No.2860, Y Block, III Street, 12 Main Road, Anna Nagar, Chennai -
40 was alloted by the Tamil Nadu Housing Board in favour of the 7th
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S.A.No.615 of 2015
defendant and on 13.04.1993, a Sale Deed was executed in his favour.
On 18.11.2002, the 7th defendant had executed a registered Power of
Attorney in favour of one Mr.A.Nandakumar, S/o.A.Arjunan. The
said Nandakumar on the authority of the Power of Attorney had sold
the properties to the 6th defendant Mr.T.Umapathy under the Sale
Deed dated 13.07.2003. Thereafter, the 6th defendant had sold the suit
property to the plaintiffs / appellants under two Sale Deeds dated
18.08.2008.
4.In the meantime, the 7th defendant had executed another
General Power of Attorney in favour of the 2nd defendant on
27.04.2004. The said Power Agent viz; the 2nd defendant had
executed a Sale Deed in favour of the 1st defendant on 30.05.2007.
The 1st defendant/1st respondent on his part had entered into an
Agreement of Sale with the 4th and 5th respondents herein.
5.Hence the suit came to be filed for the reliefs mentioned
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S.A.No.615 of 2015
supra. The suit was decreed and the same was challenged by
defendants 1 to 5 before the XVII Additional Judge, City Civil Court,
Chennai in A.S.No.283 of 2012. The learned XVII Additional Judge,
by her Judgment and Decree dated 17.02.2015 allowed the appeal
with costs. Challenging the same, the plaintiffs have filed the above
Second Appeal.
6.It is brought to the notice of this Court that pending the
Second Appeal the 1st and 2nd respondents had filed an Affidavit on
18.02.2016 before this Court to submit to the Decree passed by the
trial Court in O.S.No.8554 of 2008 the 3rd respondent had also filed an
Affidavit to this effect.
7.It appears that when the matter was listed on 18.02.2006 an
affidavit was filed on behalf of the 1st respondent/1 st defendant in
which the 1st respondent had stated as follows:
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S.A.No.615 of 2015
“8.I hereby assert and declare that the 3rd
appaellant shall be the sole and absolute owner of the
schedule mentioned property having purchased from the
1st and second appellants through their power agent 4th
appellants by a registered Sale Deed bearing Document
No.4171 of 2012 dated 05.12.2012 registed in the Office
of Anna Nagar Sub Registrar Office.
9.I hereby submit the decree to and in favour of the
appellants herein in respect of the suit schedule
properties and I state that I have compromised with the
appellants and I have agreed to done so without any
undue influence and with full faculties of my mind with
full consent and knowledge.
10.I hereby admit that the 3rd appellant herein is in
peaceful possession and enjoyment of the suit schedule
mentioned “A” and “B” properties and he is putting up a
new construction in the property by demolishing the old
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S.A.No.615 of 2015
super structure after obtaining necessary approval and
permission from the appropriate authorities.
11.I undertake that I will not interfere with the
right, tile and interest and peaceful possession and
enjoymnet of the 3rd appellant herein, over the suit
schedule mentioned properties bearing Plot No.2860, “Y”
Block, III Street, 12th Main Road, Anna Nagar, Chennai –
600 040, comprised in T.S.No.43, Block No.9B, situate at
Naduvangakarai Village,the land measuring an extent of
1 ground and 1827 sq.ft. or 4227 sq.ft together with the
building”
8.Likewise, the 3rd respondent/3rd defendant to whom the 2nd
defendant as Power Agent had sold the properties under the Sale Deed
dated 25.082008 has also submitted an affidavit dated 25.08.2015 in
which he has also made the same statements as the 1st respondent
which is extracted hereinabove. This affidavit have also been
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S.A.No.615 of 2015
recorded by orders of this Court dated 18.02.2016 on 01.03.2016.
Therefore, by reasoned of these orders the absolute right and title of
the appellants/plaintiffs to the property has been confirmed by the
subsequent purchasers.
9.The 4th and 5th defendants had also filed applications in
C.M.P.Nos.5952 of 2021 and 5953 of 2021 for excluding them from
the array of the parties. In the affidavit filed in support of the
applications, the respondents have elaborately discussed the sequence
of events leading to the orders dated 18.02.2016 and 01.03.2016. The
respondents 5 and 6 would also state that the 3rd appellant is solely
enjoying the suit schedule property having built a house thereupon and
paying the necessary revenue charges in respect of the house and
property. They would submit that they do not want any impediment to
the peaceful possession and enjoyment of the suit schedule property
and that they have already initiated proceedings in C.S.No.162 of
2016 against the 1st and 3rd respondents for recovery of money.
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S.A.No.615 of 2015
10.In the light of the affidavit filed by the contesting
respondents in acknowledging and accepting the title and right of the
appellant / plaintiff to the suit properties, the Second Appeal is
allowed and the Judgment and Decree in A.S.No.283 of 2012 on the
file of the learned XVII Additional Judge, City Civil Court, Chennai,
dated 17.02.2015 is set aside and the Judgment and Decree in
O.S.No.8554 of 2008 on the file of the XII Assistant Judge, City Civil
Court, Chennai dated 04.07.2012 is confirmed. There shall be no
orders as to costs. Consequently, connected Miscellaneous Petitions
are closed.
26.04.2021
Index : Yes/No
Internet : Yes/No
mps
To
1.The XVII Additional Judge,
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S.A.No.615 of 2015
City Civil Court,
Chennai.
2.The XII Assistant Judge,
City Civil Court,
Chennai.
P.T. ASHA, J,
mps
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S.A.No.615 of 2015
S.A.No.615 of 2015
and M.P.No.4 of 2015
C.M.P.No.6890 of 2016
26.04.2021
http://www.judis.nic.in
