B.Vijayalakshmi vs M/S.Rane Engine Valves Ltd ...
2021 Latest Caselaw 14528 Mad

                                                                                    S.A. No.1383 of 2007


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 20.07.2021

                                                        CORAM

                               THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                                S.A. No.1383 of 2007 &
                                                   M.P.No.2 of 2007

                     1.B.Vijayalakshmi
                     2.K.Guruvathai                                           ...     Appellants
                                                         Vs

                     1.M/s.Rane Engine Valves Ltd (Formerly known as
                       Rane Engineering Ceramic Ltd),
                       Amended as per order in I.A.No.18552 of 1998 dated 10.12.1998)
                       No.32, Cathedral Road, Chennai – 600 086.

                     2.V.Rajagopal                                            ...   Respondents

                     PRAYER: Second Appeal filed under Section 100 C.P.C. against the
                     Judgment and Decree of the learned VII Additional Judge, City Civil Court,
                     Chennai passed in A.S.No.312 of 2002 dated 20.07.2004 confirming the
                     Judgment and Decree passed by the learned I Assistant Judge, City Civil
                     Court, Chennai in O.S.No.8642 of 1989 dated 15.09.2000.


                                     For Appellants        : Mr.Rathina Asohan
                                     For Respondent 1      : Mr.M.S.Murali
                                                             for M/s.R.P.Partners
                                     For Respondent 2      : No appearance

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https://www.mhc.tn.gov.in/judis/
                                                                                      S.A. No.1383 of 2007




                                                        JUDGMENT

This second appeal has been filed challenging the concurrent findings

of the courts below.

2. The Appellants are the defendants 1 and 2 in the suit O.S.No.8642

of 1989 on the file of the First Assistant City Civil Court, Chennai. The

Appellants/defendants sold a large extent of land at Perunjeri Village,

Ponneri Taluk, Thiruvallur District to the first respondent/plaintiff under a

registered sale deed dated 16.12.1987 as document No.302 of 1988, Sub

Registrar Office, Ponneri which was marked as Ex.A8 before the trial court.

3. The case of the first respondent/plaintiff is that along with other

lands, poromboke land measuring an extent of 82 cents were also sold

fraudulently by the Appellants/defendants 1 & 2 in their favour under the

aforementioned sale deed (Ex.A8). Hence, the suit filed by the first

respondent/plaintiff seeking recovery of the value of the land measuring 82

cents from the Appellants/defendants in O.S.No.8642 of 1989 on the file of

the First Assistant City Civil Court, Chennai. The Appellants/defendants 1

https://www.mhc.tn.gov.in/judis/ S.A. No.1383 of 2007

& 2 have also filed their written statement in the said suit and denied the

allegations of the first respondent/plaintiff.

4. By Judgment and Decree dated 15.09.2000, the suit O.S.No.8642

of 1989 was decreed in favour of the first respondent/plaintiff directing the

Appellants/defendants to pay a sum of Rs.99,999/- together with interest at

18% per annum from the date of plaint till the date of realisation and also

imposed costs. Aggrieved by the Judgment and Decree dated 15.09.2000

passed in O.S.No.8642 of 1989, the Appellants/defendants 1 & 2 preferred a

first appeal before the 7th Additional City Civil Court, Chennai in

A.S.No.312 of 2002. The lower appellate court confirmed the findings of

the trial court and dismissed the appeal filed by the Appellants/defendants 1

& 2 by its judgment and decree dated 20.07.2004 in A.S.No.312 of 2002.

Both the trial court as well as the lower appellate court has rejected the

contentions of the Appellants/defendants 1 & 2.

5. This Court had admitted the second appeal on 16.07.2009 on the

following substantial questions of law:

https://www.mhc.tn.gov.in/judis/ S.A. No.1383 of 2007

“1) Whether the findings of the courts below that the

2nd appellant/defendant-2 is also liable for the alleged loss

sustained bythe 1st respondent/plaintiff in respect of S.No.21

for which she is not having any title over the said property, is

legally sustainable?

2) Whether the findings of the court below that the

Appellants/Defendants 1 & 2 suppressed material facts

regarding the nature of the land conveyed to 1st

respondent/plaintiff under Exhibits A-8 in respect of S.No.21

is legally sustainable, since the nature of the said land is

clearly described in the Exhibit A-2 as “lake poromboke”?

3) Whether the courts below are justified in not

applying the settled doctrine “buyer beware”?

4) Whether the joint execution of Exhibit A-8 by the

Appellants as desired by the 1st Respondent would bind on the

parties when one of them does not have title or right over

other's property?”

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6. Before the trial court, the first respondent/plaintiff has been able to

prove their case through Chitta extract which has been marked as Ex.A5

that the land measuring an extent of 82 cents in S.No.21 at Perunjeri

Village, Ponneri Taluk, Thiruvallur District which was conveyed to them by

the Appellants/defendants 1 & 2 under the aforementioned sale deed

(Ex.A8) is a poromboke land i.e, the land belongs to the Government.

7. As seen from the evidence available on record, the

Appellants/defendants 1 & 2 have also not been able to disprove the

clinching evidence produced by the first respondent/plaintiff before the trial

court to prove that the disputed land is a poromboke land. The first

respondent/plaintiff has filed the suit for recovery of a sum of Rs.99,999/-

together with interest and costs being the value of the poromboke land paid

towards the purchase of the aforementioned land. Both the courts below

have concurrently held, based on the evidence available on record, that the

first respondent/plaintiff has been able to prove that the disputed land

conveyed to them is a poromboke land and therefore, they are entitled for

the suit claim.

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8. The substantial questions of law formulated by this Court at the

time of admission of this second appeal are answered against the

Appellants/defendants 1 & 2 as the first respondent/plaintiff has been able

to prove their case as seen from the evidence available on record that they

have been deceived by the Appellants/defendants 1 & 2 that the land

measuring 82 cents which is the subject matter of the suit is a patta land and

the Appellants/defendants 1 & 2 were having the title over the same, but in

fact, the said land is a poromboke land. The first respondent/plaintiff is

entitled for recovery of the sale consideration paid by them towards

purchase of poromboke land measuring 82 cents. Both the courts below

have rightly considered the evidence available on record and only thereafter

has decreed the suit in favour of the first respondent/plaintiff.

9. The issues raised by the Appellants are factual issues which have

been adequately and correctly considered by the courts below and there are

no debatable issues involved in this second appeal and there is absolutely no

merit in the same.

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10. For the foregoing reasons, this second appeal is dismissed with

costs. Accordingly, the findings of the courts below are hereby confirmed.

Consequently, connected miscellaneous petition is closed.

20.07.2021 nl

Index: Yes/ No Internet: Yes/No Speaking Order/Non-speaking Order

To

1. The VII Additional Judge, City Civil Court, Chennai

2. The I Assistant Judge, City Civil Court, Chennai

https://www.mhc.tn.gov.in/judis/ S.A. No.1383 of 2007

ABDUL QUDDHOSE, J.

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S.A. No.1383 of 2007

20.07.2021

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