Madras High Court
Neithavoyal Chettiar ... vs S.Palani on 10 August, 2021
C.R.P.(PD).No.1562 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.R.P. (PD) No.1562 of 2021
Neithavoyal Chettiar Thanneerpandal Dharmam,
Neithavoyal,
Rep. by its Trustee Mohana Sundaram,
Plot No.97, 2nd Street,
Ambal Nagar,
Keezhakattalai,
Chennai - 600 117. ... Petitioner
versus
S.Palani ... Respondent
PRAYER: Civil Revision Petition has been filed under Article 227 of the
Constitution of India, to set aside the fair and decreetal order dated
08.03.2021 made in I.A.No.141 of 2018 in A.S.No.44 of 2017, on the file of
the learned Additional Subordinate Judge, Ponneri and allow the Civil
Revision Petition.
For Petitioner : Mr.S.Angamuthu
1/6
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD).No.1562 of 2021
ORDER
This Civil Revision Petition is filed to set aside the order dated
08.03.2021 in I.A.No.141 of 2018 in A.S.No.44 of 2017 passed by the
learned Additional Subordinate Judge, Ponneri.
2. I.A.No.141 of 2018 was filed under Section 151 of
C.P.C., seeking the respondent / tenant to pay kuthagai arrears of
Rs.45,000/- to the petitioner Trustee.
3. The case of the petitioner is that the respondent is a
tenant in respect of the property of the petitioner. The suit was filed for the
relief of "directing the defendant to quit and deliver vacant possession of the
suit schedule properties to the plaintiff Trust; directing the defendant to pay
kuthagai arrears of Rs.15,000/- computed for past three years preceding the
date of the suit @ Rs.5,000/- per year; and directing the defendant to pay the
plaintiff Trust damages @ Rs.30/- per day from the date of the plaint till the
date of recovery of vacant possession of the suit properties." The suit was
partly decreed, whereby, the learned District Munsif, Ponneri, dismissed the
prayer 1 and 3 and decreed the prayer with regard to the recovery for a sum
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C.R.P.(PD).No.1562 of 2021
of Rs.15,000/-. The main reason of the dismissal of the suit is that, notice
under Section 106 of the Transfer of Property Act, was not properly given
and therefore, it was held that the petitioner was not entitled for the relief of
ejectment and future damages. Against the said judgment and decree, the
petitioner has preferred an appeal in A.S.No.44 of 2017, which is pending
before the learned Subordinate Judge, Ponneri.
4. When the suit was dismissed on the ground that notice
under Section 106 of the Transfer of Property Act, was not properly given
and that, the appeal is preferred against the judgment and decree, this Court
is of the considered view that, the present petition filed by the petitioner
seeking the respondent to pay Rs.45,000/- towards kuthagai arrears, cannot
be entertained. The entitlement of arrears will have to be decided only in the
appeal. The learned appellate Judge has rightly found that, when the appeal
is pending, the petitioner's claim cannot be entertained. However, it is seen
from the written statement filed by the respondent that, "he is always ready
and willing to pay the kuthagai amounts for three years prior to suit and also
for subsequent years after suit provided either Mohanasundaram, the present
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C.R.P.(PD).No.1562 of 2021
Trustee representing the plaintiff or for that matter any of the children of
Rajamani Ammal proves their right to trusteeship in respect of the plaintiff's
Trust". It is seen that the respondent admits his liability to pay kuthagai
arrears. Therefore, the learned Additional Subordinate Judge, Ponneri, is
directed to dispose of A.S.No.44 of 2017, as expeditiously as possible,
preferably, within a period of three (3) months from the date of receipt of a
copy of this order.
5. Accordingly, this Civil Revision Petition is disposed of.
However, there is no order as to costs.
10.08.2021
Speaking order / Non-speaking order
Index : Yes / No
sri
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C.R.P.(PD).No.1562 of 2021
To
1. The Additional Subordinate Judge, Ponneri.
2. The District Munsif, Ponneri.
https://www.mhc.tn.gov.in/judis/
C.R.P.(PD).No.1562 of 2021
G.CHANDRASEKHARAN, J.
sri
C.R.P. (PD) No.1562 of 2021
10.08.2021
https://www.mhc.tn.gov.in/judis/
