Madras High Court
Ms. Sahana vs Mrs. Rajalakshmi Selvarangan on 21 June, 2022
O.S.A.No.157 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.06.2022
CORAM :
THE HON'BLE MR. JUSTICE M.DURAISWAMY
AND
THE HON'BLE JUSTICE MR. SUNDER MOHAN, J
O.S.A.No.157 of 2022
and C.M.P. No.9549 of 2022
1. Ms. Sahana
2. S. Siddarth .. Appellants
v.
1. Mrs. Rajalakshmi Selvarangan
2. Ms. B. Sudisha
3. Ms. B. Meghana
4. M/s. Vaya Life Private Limited,
Represented by its Director Mr. Vasathakumar
Sripathy Ground Floor,
No.129, Harrington Road,
Chetpet, Chennai – 600 030.
5. K.P. Ramakrishna
6. Thangairasu
7. Senguttuvan
8. Mahaboob Basha
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O.S.A.No.157 of 2022
9. Abraham Varghese
10. Subbu
11. Ms. A.P. Hemavathi
12. C.Lalitha .... Respondents
Original Side Appeal filed under Clause 15 of Letters Patent and Order
36 Rule 1 of Original Side Rules to set aside the Judgment and decree
dated 07.04.2022 passed in Original Application Nos. 121 of 2022 in
Tr.C.S.No.31 of 2022.
For Appellant : Mr.V.Lakshminarayanan
For Respondents : Mrs.Chithra Sampath, Senior Counsel
for Mr. D.R. Raghunath – R1
JUDGMENT
(Order of the Court made by M.DURAISWAMY,J.)
Challenging the order passed by the learned Single Judge in
O.A.No. 121 of 2022 in Tr.C.S.No.31 of 2022 [suit originally filed
before the 6th Assistant Judge, City Civil Court, Chennai and numbered
as O.S. No.7792 of 2021], the defendants 1 and 2 have filed the above
Original Side Appeal.
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O.S.A.No.157 of 2022
2. The 1st respondent-plaintiff has filed the suit in Tr.C.S.No.31 of
2022 for th following reliefs:-
a. for a declaration that the plaintiff is entitled
to receive the lease rentals in respect of the suit
schedule property during her life ;time in terms of the
settlement deeds dated 04.07.2002 registered as
document Nos. 1300/2002, 1301/2002, 1305/2002
and 1306/2002 in the office of the Sub-Registrar,
Periamet;
b. mandatory Injunction directing the5th to 13th
defendants, being the tenants in the suit schedule
properties to pay the existing rent online for their
respective leased out properties payable from 30th
August 2021 in favour of the Plaintiff. |
c.permanent Injunction restraining the 1st to 4th
defendants, their respective heirs, successors-in-
interest, representative/agents and/or any men under
them from collecting the lease rentals with regard to
the suit property during the life time of the plaintiff;
d. for the cost of the suit; and
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O.S.A.No.157 of 2022
e. for such further or other reliefs as this
Hon'ble court may deem fit and proper in the
circumstances of the case and thus render justice.
3. The 1st respondent-plaintiff is the grandmother of the
appellants, who are defendants 1 and 2 in the suit. The 1 st respondent
filed the suit based on the settlement deed executed by her husband on
04.07.2002 settling the properties in favour of his grand children and
giving life interest to his wife, viz., the 1st respondent-plaintiff.
4. On a reading of the recitals found in the settlement deed dated
04.07.2002, it is clear that the 1st respondent has got life interest without
any power on her part of alienation by way of sale, gift or exchange but
with liberty to lease, mortgage and collect the rents and profits arising
therefrom the said property, to defray there out the taxes and charge for
its repairs and other statutory dues, she shall be entitled to apply that net
income for her own absolute use and benefit.
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O.S.A.No.157 of 2022
5. In the suit filed by the 1st respondent, she has filed an
application in O.A.No.121 of 2022 to grant an order of interim
injunction restraining the respondents 1 to 4 /appellants 1 and 2 and
respondents 3 and 4 from collecting the lease rentals with regard to the
suit property. The 1st respondent also filed another application in
O.A.No.122 of 2022 to grant an order of interim injunction restraining
the respondents 4 to 12 to deposit their rent in respect of the property
to the credit of the suit pending disposal of the suit.
6. It is not in dispute that the respondents 4 to 12 are the tenants in
respect of the suit properties. It is the contention of the appellants and
the respondents 2 and 3 that they are entitled to the suit property hence,
they are also entitled to receive the rent from the tenants. The 1 st
respondent-grandmother contended that since the settlement executed by
her husband is very clear about the life interest given to her and that she
is entitled to receive the monthly rent from the tenants, her grandchildren
are not entitled to receive the same.
7. The learned Single Judge, taking into consideration the case of
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O.S.A.No.157 of 2022
both sides, relying upon the recitals found in the settlement deed dated
04.07.2002 executed by the 1st respondent's husband and the grandfather
of the appellants and the respondents 2 and 3, allowed the applications
and directed the tenants to deposit their respective rent before this court
on or before 5th of every succeeding month to the credit of the suit in
Tr.CS.No.31 of 2022 including arrears, if any, till the disposal of the suit.
Challenging this order, the appellants, who are the defendants 1 and 2 in
the suit, have filed the above Original Side Appeal.
8. Heard Mr.V.Lakshminarayanan, learned counsel appearing for
the appellants and Mrs.Chithra Sampath, learned Senior Counsel
appearing for the 1st respondent.
9. On a careful consideration of the materials available on record
and the submissions made by the learned counsel on either side, as
already stated, since the recitals found in the settlement deed dated
04.07.2002 is very clear as to the life interest in favour of the 1st
respondent-grandmother and that she is entitled to receive the monthly
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O.S.A.No.157 of 2022
rent during her life time for her own use and benefit, the appellants and
the respondents 2 and 3 cannot take a different stand now and deny the
monthly rents payable by the tenants to the 1st respondent. The
grandchildren of the 1st respondent would get the absolute right only after
the life time of the 1st respondent. During the life time of the 1st
respondent-grandmother, she is entitled to receive the monthly rents from
the tenants as per the recitals found in the settlement deed dated
04.07.2002.
10. Taking into consideration all these aspects, the learned Single
Judge has rightly allowed the applications directing the tenants to deposit
their respective rents before this court to the credit of the Civil Suit in
Tr.C.S.No.31 of 2022 including arrears, if any, till the disposal of the
suit.
11. In these circumstances, we do not find any ground to interfere
with the order passed by the learned Single Judge. We request the
learned Single Judge, to dispose of the suit as expeditiously as possible.
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No costs. Consequently, the connected Miscellaneous Petitions are
closed.
[M.D., J.] [S.M., J.]
21.06.2022
Index : Yes/No
Speaking Order/Non Speaking Order
Rj
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O.S.A.No.157 of 2022
M. DURAISWAMY, J.
and
SUNDER MOHAN, J
Rj
O.S.A.No.157 of 2022
and C.M.P. No.9549 of 2022
21.06.2022
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