Madras High Court
Ramakrishna Perumal vs Kottar Senguntha Mudaliar on 19 April, 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 19.04.2021
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
SA(MD)Nos.800 & 801 of 2014
and
MP(MD)Nos.2 & 2 of 2014
Ramakrishna Perumal ... Appellant/Respondent/Defendant
in both appeals
Vs.
1.Kottar Senguntha Mudaliar
Samudhaya Oor Vakai
Sri Sentra Thisai Vendra Vinayagar
Swamy Trust,
rep.by its Trustees P.Pazhaniyandi Mudaliar
2.M.Valliyanantham Mudaliar
3.P.Rajavel Mudaliar
4.S.Lekshmanan Mudaliar
5.R.Sivakumaran Mudaliar
6.S.Retnaswamy Mudaliar
7.P.Azhagesan Mudaliar ...Respondents 1 to 7 /
Appellants 1 to 7 /
Defendants 1 to 7
8.Madasamy Mudaliar ...8th Respondent /
2nd Respondent /
8th Defendant
1/5
https://www.mhc.tn.gov.in/judis/
Common Prayer: Second Appeals are filed under Section 100 of Civil
Procedure Code, to call for the records relating to the judgment and
decree dated 28.01.2014 made in A.S No.86 of 2013 & 92 of 2013 on
the file of the Principal Subordinate Court, Nagercoil reversing the
judgment and decree dated 12.04.2013 made in O.S No.177 of 2006 &
413 of 2005, on the file of the Principal District Munsif Court,
Nagercoil, set aside the same.
in both cases :
For Appellant : Mr.EVN.Siva
For Respondents : Mr.M.P.Senthil
COMMON JUDGEMENT
The appellant in these two Second Appeals is one Ramakrishna
Perumal. The first respondent in both the appeals is Kottar Senguntha
Mudaliar Samudhaya Oor Vakai Sri Sentra Thisai Vendra Vinayagar
Swamy Trust. The trust is the landlord while Ramakrishna Perumal is
the tenant. O.S No.413 of 2005 was filed by the landlord along with
others for recovery of possession and for recovery of rental arrears. O.S
No.177 of 2006 was filed by the tenant seeking permission to deposit
the monthly rent. Both the suits were tried together. While the suit
filed by the landlord was dismissed, the suit filed by the tenant was
2/5
https://www.mhc.tn.gov.in/judis/
decreed vide judgment and decree dated 12.04.2013 on the file of the
Principal District Munsif, Nagercoil. Aggrieved by the same, the
landlord filed A.S Nos.92 of 2013 and 86 of 2013 before the Sub Court,
Nagercoil. The first appellate court vide the impugned judgment dated
28.01.2014 allowed the appeals. Aggrieved by the same, these two
Second Appeals have been filed. The Second Appeals were admitted on
the following substantial questions of law :
“1.Whether the finding of the first appellate court that
Ex.A1 quit notice, is valid in law and is in accordance with
Section 106 of Transfer of Property Act ? and
2.Whether the finding with regard to Ex.A1 by the first
appellate court, is perverse by misreading of the evidence
adduced ?.”
2.During the pendency of the second appeals, certain subsequent
developments took place. The tenant appears to have sublet the
premises. The sub-lessee had cleared the liability of the appellant. The
landlord has also entered into a fresh rental agreement with the
erstwhile sub-lessee. This submission is made by the learned counsel
for the landlord. This development was also duly recorded in E.P No.35
of 2014 on the file of the Principal District Munsif Court, Nagercoil. In
view of the subsequent development, nothing survives for further
3/5
https://www.mhc.tn.gov.in/judis/
adjudication in these second appeals. The second appeals are
accordingly closed. No costs. Connected miscellaneous petitions are
also closed.
19.04.2021
Index : Yes / No
Internet : Yes/ No
skm
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is
presented is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The Principal Subordinate Court, Nagercoil.
2.The Principal District Munsif Court, Nagercoil.
Copy to :
The Record Keeper, V.R.Section,
Madurai Bench of the Madras High Court, Madurai.
4/5
https://www.mhc.tn.gov.in/judis/
G.R.SWAMINATHAN, J.
skm
SA(MD)Nos.800 & 801 of 2014
and
MP(MD)Nos.2 & 2 of 2014
19.04.2021
https://www.mhc.tn.gov.in/judis/
