Madras High Court
Mr.Hitendra Bipin Patel vs Mr.Dinesh Revandas Patel on 25 October, 2021
C.S.No.357 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
C.S.No.357 of 2019
Mr.Hitendra Bipin Patel ... Plaintiff
-Vs.-
1.Mr.Dinesh Revandas Patel
2.Ms.Hemlata Revandas Patel ... Defendants
Prayer: Civil Suit filed under Order IV Rule 1 of the Original Side Rules
read with Order VII Rule 1 of the Code of Civil Procedure, praying to pass
a judgment and decree in favour of the plaintiff and as against the
defendants:
(a) for a declaration declaring that the plaintiff is the sole and
absolute owner of the property viz., House, Ground and premises bearing
old Door No.7 and present Door No.25/11, Balamuthu Street, Ellis Road,
Chennai 600 002, measuring an extent of 1820 Sq.ft or thereabouts
comprised in old Survey No.264, Re-Survey No.143/12, Mylapore-
Triplicane Taluk more particularly described in the Schedule to the plaint,
(b) Permanent injunction restraining the defendants, their men,
servants or agents from in any manner interfering with the peaceful
possession and enjoyment of the plaintiff of the suit property.
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C.S.No.357 of 2019
For Plaintiff : Mrs.T.Hemalatha
For Defendants : Ex-parte
JUDGMENT
The present Civil Suit has been filed by the plaintiff for the above
mentioned prayer.
2. The case of the plaintiff is as follows:
(a) The plaintiff is the son of Mr.Bipinchandre Revandas Patel and
he owns and in possession of the property bearing Old Door No.7 and
present Door No.25/11, Balamuthu Street, Ellis Road, Chennai 600 002,
measuring an extent of 1820 Sq.ft, or thereabouts comprised in Old Survey
No.264, Re-Survey No.143/12, Mylapore-Triplicane Taluk, morefully
described in the suit schedule. The suit property was originally purchased
by Revandas S.Patel, who is the grandfather of the plaintiff vide sale deed
dated 22.08.1938 registered as document No.1212/1938 at the office of
Sub-Registrar, Triplicane. The said Revandas S.Patel died on 15.10.1960,
leaving behind the defendants and the father of the plaintiff as legal heirs.
The father of the plaintiff was in continuous possession and enjoyment of
the suit schedule property, since other properties are settled in favour of
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C.S.No.357 of 2019
the defendants. After the demise of the father, the plaintiff was in
possession of the suit property.
(b) While matter stood thus, the Extract of the Town Survey Land
Register in respect of Survey No.143/12, Triplicane Village, Mylapore
Taluk viz., the suit property, issued by the Tahsildar, Mylapore Taluk
shows the names of the defendants and the father of the plaintiff as the
owners of the property. According to the plaintiff, the said Extract has
been issued without proper inspection and verification of the status of the
property and possession thereof by the plaintiff for the last several years.
In view of the above Extract, the defendants cannot claim any title by
virtue of the entries found in the Extract. Therefore, according to the
plaintiff, such an entry is to be duly deleted by an appropriate declaration
of title by the Court in respect of the suit property. Therefore, the plaintiff
is before this Court by way of this suit with the above prayer.
3. Despite paper publication was effected on the defendants on
01.11.2019 in the New Indian Express and Dinamani issued dated
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C.S.No.357 of 2019
30.11.2019 and their names being printed in the cause list, they had neither
appeared in person nor through a counsel on their behalf. Therefore, the
defendants were set exparte by this Court vide order dated 30.01.2020 and
the suit was posted before the Master Court for recording evidence.
4. In order to prove his case, the plaintiff filed proof affidavit and he
is examined as P.W.1 and got marked Exs.P1 to P14. Ex.P1 is the web
copy of the death certificate of Mr.Bipinchandre Revandas S.Patel dated
26.11.2012. Ex.P2 is the photocopy of the Settlement Deed
Doc.No.785/2014 dated 26.11.2013. Ex.P3 is the web copy of the death
certificate of Revandas S.Patel dated 31.01.2018. Ex.P4 is the web copy of
the Extract from the Town Survey Land register dated 23.03.2018. Ex.P5
is the original Encumbrance Certificate from 01.01.1987 to 27.03.2019
dated 28.03.2019. Ex.P6 is the photo copy relating to the book for
domestic gas connection. Ex.P7 is the photo copy relating to the Family
card. Ex.P8 is the photo copy of front cover page of savings bank account
pertaining to Dena Bank. Ex.P9 is the photocopy of the first page of the
savings pass book pertaining to Bank of India. Ex.P10 is the original
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C.S.No.357 of 2019
unregistered agreement of Lease with challan receipt entered between
Mr.Hitendra Bipin Patel and Mr.C.Ramesh dated 18.03.2013. Ex.P11 is
the original unregistered agreement of Lease entered into between
Mr.Vikram Bipin Patel & Mr.Hem singh dated 20.03.2019. Ex.P12 is the
photo copy of the property tax demand card issued by the Greater Chennai
Corporation/Revenue Department in the name of Thiru.R.S.Patel. Ex.P13
is the photo copy of the property tax notice for current demand and arrears
demand in the name of Thiru.R.S.Patel. Ex.P14 is the photo copy of the
cover page of the Chennai Metropolitan Water Supply & Sewage Board in
the name of Thiru.R.S.Patel.
5. A perusal of the evidence of PW.1 coupled with the exhibits
would reveal that the plaintiff has proven his case. Therefore, the plaintiff
is entitled to the relief as prayed for.
6. Accordingly, the Civil Suit is decreed as prayed for. No costs.
25.10.2021
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C.S.No.357 of 2019
V.PARTHIBAN, J.
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C.S.No.357 of 2019
25.10.2021
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