E.Natarajan vs Kanthammal
2021 Latest Caselaw 16039 Mad

Citation : 2021 Latest Caselaw 16039 Mad
Judgement Date : 6 August, 2021

Madras High Court

E.Natarajan vs Kanthammal on 6 August, 2021

                                                                                     C.S.No.305 of 2011
                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 06.08.2021

                                         CORAM : JUSTICE N.SESHASAYEE

                                                    C.S.No.305 of 2011

                     E.Natarajan                                            ...      Plaintiff

                                                             Vs.


                     Kanthammal                                           ...         Defendant



                     PRAYER : Civil Suit filed under Order IV Rule (1) of O.S.Rule R/W.
                     Order VII Rule 1 C.P.C., praying for a Judgment and Decree:
                                     A)Declaring the plaintiff as the absolute owner of the
                                     premises bearing No.159/2, West Canal Road, Kottur,
                                     Chennai-600 085 morefully described in the schedule
                                     hereunder;
                                     B)a consequential relief directing the defendant to
                                     deliver and handover the vacant possession of the
                                     schedule mentioned property to the plaintiff.
                                     C)For costs of the suit.


                                      For Plaintiff      :      Mr.K.Ramesh
                                      For Defendant      :      No Appearance

                                                       JUDGMENT

The plaintiff has laid a suit for declaration of his title and for recovery of https://www.mhc.tn.gov.in/judis/

C.S.No.305 of 2011 the suit property from the defendant.

2. The facts in brief are:

● The suit property is described as a vacant plot measuring northern

1,400 Sq.ft., and is part of a larger extent in T.S.No.107. According

to the plaintiff, the property originally belonged to one Kanniappa

Naicker. On 21.11.1930, Kanniappa Naicker purchased a plot of

3,000 sq.ft. On his demise, the said property devolved on his

daughter Chandra Bai. On 11.06.2004, Chandra Bai had executed a

settlement deed pertaining to the northern 1,400 sq.ft., to her

daughter Poongothai. On the strength of this settlement deed,

Poongothai had sold the property to the plaintiff on 17.06.2004.

● While so, the defendant herein had moved the VI Assistant City

Civil Court, Chennai, with a suit in O.S.No.2327 of 2007 for bare

injunction to protect her possession of the property on the strength

of her title. That suit was decreed, but, the Court has observed that

even though the plaintiff herein is the title holder, yet founded that

the defendant herein was in settled possession of the property and

required the plaintiff to file separate suit for vacating her.

https://www.mhc.tn.gov.in/judis/

C.S.No.305 of 2011

● This has led to the present suit, which the plaintiff has laid for

declaration of his title and recovery of possession. The suit was

contested by the defendant when she filed her written statement.

In her written statement, she would contend that she had

challenged the decree in O.S.No.2327 of 2007 in A.S.No.33 of

2012. The plaintiff had filed O.S.No.7438 of 2001 against

Chandrabai for partition.

3. On perusal of the pleadings of the parties, the following issues were

framed:

(1)Whether the plaintiff is the absolute owner of the property on the basis of the documents produced by him?

(2)Whether the compromise decree made in O.S.No.7438 of 2001 has obtained fraudulently?

(3)Whether the settlement deed dated 11.06.2004 and sale deed dated 17.06.2004 confers any title on the plaintiff? (4)Whether the possession of the defendant is as that of a tress passer?

(5)Whether the plaintiff is entitled for declaration of title to the property?

(6)Whether the plaintiff is entitled to delivery of vacant

possession?

https://www.mhc.tn.gov.in/judis/

C.S.No.305 of 2011 (7)Whether the defendant is entitled to protect her possession of the suit property?

(8) To what other reliefs the plaintiff is entitled to?

4.1 The suit was then posted before the learned Additional Master No.II,

for trial on 30.01.2014. During trial, the defendant did not participate at

any stage. Accordingly, the defendant was set exparte.

4.2 During trial, the plaintiff examined himself as PW1 and he has

marked Exts.P1 to P11. Of them, Ex.P1, P3 and P4 are his title deeds.

Ext.P2 is a Memorandum of Understanding dated 09.06.2004. Exts.P-5

to P-9 are the documents pertaining to possession and enjoyment of the

properties by the plaintiff.

5. Heard the counsel for the plaintiff. This Court is satisfied that the

plaintiff has established his title. Accordingly, the suit is decreed and this

Court declares the title of the plaintiff and also his entitlement to recover

possession from the defendant. No costs.

06.08.2021

ssn

Index : Yes / No https://www.mhc.tn.gov.in/judis/

C.S.No.305 of 2011 Internet: Yes/ No

https://www.mhc.tn.gov.in/judis/

C.S.No.305 of 2011 APPENDIX

I. Witnesses :

Plaintiffs :

                                      PW1                 E.Natarajan
                                      Defendants :        Nil

                               II. Exhibits :

                           Ex.P1        21.11.1930   Certified copy of the sale deed executed by
                                                     Kanniappa Naicker
                           Ex.P2        09.06.2004   Original Memorandum of Compromise
                           Ex.P3        11.06.2004   Certified Copy of the Settlement Deed
                           Ex.P4        17.06.2004   Original Sale Deed executed by D.Poongothai
                           Ex.P5        11.03.2005   Original Registration Receipt
                           Ex.P6        03.10.2005   Original Property Tax Assessment Receipt
                           Ex.P7        05.09.2006   Letter from Electricity Board to E.Natarajan
                           Ex.P8        26.09.2006, Property Tax Receipts
                           Series       09.02.2008
                                        &16.12.2010
                           Ex.P9                     Electricity Consumption Card in the name of
                                                     E.Natarajan
                           Ex.P10       25.02.2007   The copy of the complaint given by E.Natarajan