Madras High Court
K.P.Krishna Pillai vs E.Rajendran on 17 November, 2021
S.A.No.832 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ
S.A.No.832 of 2021
and C.M.P.No.16028 of 2021
K.P.Krishna Pillai ... Appellant
Vs.
1. E.Rajendran
2. M.R.Elumalai Chettiar
3. A.Santhammal
4. M.Dhanasekaran
5. M.Chandrasekaran
6. The Sub Registrar,
Avaraipakka, Tindivanam & Taluk,
Villupuram District. ... Respondents
PRAYER: The Second Appeal is filed under Section 100 of the Civil Procedure
Code against the judgment and decree passed by the II Additional District
Judge, Tindivanam, in A.S.No.20 of 2018 (Villupuram Principal District Court
in A.S.No.101 of 2018) dated 20.01.2021 confirming the judgment and decree
passed by the Principal Subordinate Judge, Tindivanam, Villupuram District in
O.S.No.49 of 2012 dated 18.06.2018.
1 of 7
https://www.mhc.tn.gov.in/judis
S.A.No.832 of 2021
For Appellant : Mr.A.Thiagarajan,
Senior Counsel
for M/s.S.Ramesh Kumar
For Respondent No.1 : M/s.R.Thanjan
-----
JUDGMENT
By consent of both the sides, the Second Appeal is taken up for final
disposal at the admission stage itself.
2. Originally, the property in dispute belonged to one Ponnammal by
virtue of a registered Sale Deed bearing Document No.62 of 1930, dated
20.01.1930 measuring an extent of 20 Cents in S.No.16/2. She sold 10 cents
out of the total extent of 20 cents to one Gengammal by virtue of a registered
Sale Deed bearing Document No.1441 of 1930 dated 01.11.1930. The Pedigree
produced before this Court shows that a common ancestor, one Arumuga
Mudaliar had three sons namely, Vaiyapuri Mudaliar, Singara Mudaliar and
Manjini Mudaliar. The original owner namely Ponnammal is the wife of
Manjini Mudaliar and the purchaser of 10 cents namely, Gengammal, is the
wife of Singara Mudaliar, who is the 2 nd son of Arumuga Mudaliar and the
brother of Singara Mudaliar.
2 of 7
https://www.mhc.tn.gov.in/judis
S.A.No.832 of 2021
3. While the matter stood thus, the sons of Vaiyapuri Mudaliar, who
is the first son of Arumuga Mudaliar sold the entire extent of 20 cents in
S.No.16/2 by virtue of a registered Sale Deed bearing Document No.368 of
1987 dated 08.04.1987 to one Santhammal, wife of Mani Chettiyar. She in turn
sold 12 cents out of 20 cents by virtue of a registered Sale Deed bearing
Document No.1019 of 1995 dated 19.07.1995 to one K.P.Krishna Pillai, who is
the first defendant.
4. However, the said sale was successfully questioned by the son of
Gengammal, who had purchased the property by a registered Sale Deed dated
01.11.1930 in O.S.No. 543 of 1995 on the file of the Principal District Munsif
Court, Tindivanam. The suit was decreed on 16.07.1999 declaring that the said
Manicka Mudaliar, vendor of the plaintiff, is entitled only to an extent of 10
Cents in S.No.16/2. The legal heirs of Manicka Mudaliar viz., Dhanasekar and
Chandrasekar sold 12 Cents in favour of the plaintiff by virtue of a registered
Sale Deed bearing Document No.1028 of 2004, dated 17.05.2004. It is stated
by the plaintiff that they are entitled to 12 Cents by virtue of their enjoyment
with respect to 3 ½ Cents for which, they obtained patta. Thus, it is clear by the
decree of the Competent Court, the vendor of the plaintiff, is the owner of the 10
3 of 7
https://www.mhc.tn.gov.in/judis
S.A.No.832 of 2021
Cents in S.No.16/2.
5. While the matter stood thus, the said Santhammal, who purchased
the property from the branch of Vaiyapuri Mudaliar, sold an entent of 11 Cents
in S.No.16/2 in favour of one Elumalai Chettiar by a registered Sale Deed
bearing Document No.4716 of 2011, dated 14.07.2011. The said Elumalai
Chettiar has sold the said property to the first defendant viz., K.P.Krishna Pillai
by virtue of a registered Sale Deed bearing Document No.6958 of 2011, dated
07.10.2011. These Sale Deeds were questioned by the plaintiff, who had
purchased the property from the legal heir of Gengammal.
6. The Court below has given a finding that there is no evidence of
partition between the parties with respect to remaining 10 Cents of land owned
by the original owner viz., Ponnammal. However, it is found that the legal heirs
of Vaiyapuri Mudaliar without any title, sold the entire property of 20 Cents in
favour of Santhammal on 08.04.1987. Insofar as that sale is concerned, it was
not questioned by any of the legal heirs of Singara Mudaliar, at least by the
plaintiff's vendor till 1995. The decree passed by the trial Court was only with
respect to 10 Cents and the issue with regard to remaining 10 Cents was not
4 of 7
https://www.mhc.tn.gov.in/judis
S.A.No.832 of 2021
decided. Now that the sale having not been questioned for the past 35 years, it
cannot be questioned by the third party subsequent purchasers, who are not
legal heirs of Arumuga Mudaliar. Therefore, in the present circumstances, it is
very clear that the plaintiff is entitled to 10 Cents of land, which was purchased
by Gengammal in the year 1930 plus whatever the land, which is in his
possession by virtue of possession and patta. Insofar as the first defendant is
concerned, he is entitled to remaining 10 Cents of land, which was sold by the
legal heirs of Vaiyapuri Mudaliar by Sale Deed dated 08.04.1987.
7. Now that both parties submit that if 10 Cents of land is allotted to
each of the parties plus whatever they enjoyed by them by virtue of patta, they
do not have any grievance. Therefore, to give a quietus to this issue and by
consensus of the parties, it is declared that the plaintiff is entitled to 10 Cents in
S.No.16/2 and the first defendant is entitled to remaining 10 Cents in
S.No.16/2, which was originally owned by Ponnammal.
With the above lines, the Second Appeal is disposed of. There shall be
no order as to costs. Consequently, connected Miscellaneous Petition is closed.
5 of 7
https://www.mhc.tn.gov.in/judis
S.A.No.832 of 2021
Both the parties have undertaken to file a Joint Memo of Compromise
in this regard on or before 26.11.2021.
Post the matter on 26.11.2021.
17.11.2021
asi
To
1. The II Additional District Judge, Tindivanam.
2. The Principal Subordinate Judge, Tindivanam.
6 of 7
https://www.mhc.tn.gov.in/judis
S.A.No.832 of 2021
M. GOVINDARAJ, J.
asi
S.A.No.832 of 2021
and C.M.P.No.16028 of 2021
17.11.2021
7 of 7
https://www.mhc.tn.gov.in/judis
