Madras High Court
C.P.Venugopal vs C.P.Kothandapani on 11 January, 2023
C.S. No.976 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 11.01.2023
CORAM : JUSTICE N.SESHASAYEE
C.S. No.976 of 2015
1.C.P.Venugopal
2.C.P.Chandrasekaran
3.C.P.Srinivasan .... Plaintiffs
Vs
C.P.Kothandapani .... Defendant
Prayer : Civil Suit filed under Order IV Rule 1 of O.S. Rules read with Order
VII Rule 1 of CPC for a judgment and decree (a) for partition and separate
possession of plaintiffs' each 1/4th share in the property morefully described in
the schedule hereto, by metes and bounds and (b) for costs against the
contesting defendant.
For Plaintiff : Mr.T.Skandhakumar
For Defendants : Mr.C.D.Sugumar
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C.S. No.976 of 2015
JUDGMENT
The suit is laid by the three co-owners against the fourth co-owner for partition
and separate possession of their 3/4 share in the suit property.
2. The suit falls within a very narrow compass. The suit property was purchased
jointly in the names of the plaintiffs and the defendant vide a sale deed dated
25.02.1991. Necessary mutation of revenue records have taken place and patta
was issued jointly in the names of the purchasers. Three of the four purchasers,
have now laid the suit for partition and for their 3/4th share, by metes and
bounds.
3. The solitary defence offered by the defendant is that the third plaintiff is not
entitled to a share in the property, since he has not contributed anything for the
purchase of the property.
4. On the above pleadings, the following issues were framed for the
consideration of the suit:
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C.S. No.976 of 2015
"1. Whether the plaintiffs are entitled to partition and separate possession at
1/4th share in the property?
2. Whether the claim of the defendant that the plaintiffs are already in
possession of their respective shares in the property and there is no need for
partition is true?
3. To what other reliefs the parties are entitled?"
5. The matter went to trial and during trial, the third plaintiff was examined as
PW1 and he had produced Exts.P1 to P14. Of them, Ext.P1 is the certified copy
of the sale deed dated 25.02.1991. Exts.P7 and P8 are the bank passbooks of
the third plaintiff (PW1) to show that from his personal account money was
withdrawn by the family firm of which, the third plaintiff, is not a partner, to
show that the third plaintiff too, has contributed to the purchase of the suit
property along with others. The rest of the documents are essentially the
complaint given by the plaintiffs against the defendant to show their acrimony
that has seeped in to the relationship. For the defendant, he himself entered the
box and examined as DW1 and has not produced any documents.
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C.S. No.976 of 2015
6. Heard both sides and perused the material evidence.
7. The defendant has also filed his notes of arguments and the consolidated
issue is, whether the third plaintiff has contributed to the purchase of the suit
property, which was purchased on 25.02.1991? This court finds that, till the
filing of the written statement, the third plaintiff's title to the suit property was
not seem to have been disputed by the defendant and it is too late in the day for
him to dispute it. Exts.P7 and P8 throw adequate light for pre-pondering a
probability of contribution which the third plaintiff has made for the purchase.
In these circumstances, this court is not able to appreciate the defence taken in
this suit and consequently, decree the suit, as prayed for.
8. To conclude, the suit is decreed and the plaintiffs 3/4th share in the suit
property is declared. A preliminary decree be passed in terms thereof. No costs.
11.01.2023
Asr
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C.S. No.976 of 2015
List of witnesses examined on the side of Plaintiffs:
Mr.C.P.Srinivasan (PW1)
List of witnesses examined on the side of Defendant:
Mr.C.P.Kothandapani - DW1
List of exhibits marked on the side of the Plaintiffs:
S.No. Exhibits Description of documents
Certified copy of the sale deed dated 25.02.1991, registered
1 P1
as Document No.782/1991
Certified copy of the mortgage deed dated 03.01.1991,
2 P2
registered as Document No.06/1991
Certified copy of the sale deed dated 04.03.2013, registered
3 P3
as Document No.256 of 2013
4 P4 Copy of the notice dated 05.02.2014
5 P5 Original reply dated 22.02.2014
True copy of the degree for completing Master Degree in
6 P6 Economics in the year 1986 issued by University of Madras
(compared with original, verified and returned)
Original Passbook issued by Bank of India on 10.08.1987
7 P7
for Account No.9538
Original Passbook issued by Bank of India on 08.06.1994
8 P8
for Account No.9538
Copy of the complaint to Inpsector of Police dated
9 P9
23.03.2012
Xerox copy of acknowledgement dated 24.03.2012 for the
10 P10
complaint
Copy of the letter addressed to Commissioner, Corporation
11 P11 of Chennai dated 07.06.2016 with Acknowledgment Card
xerox
12 P12 Copy of letter addressed to the Chief Minister of Tamil
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C.S. No.976 of 2015
S.No. Exhibits Description of documents
Nadu dated 16.09.2017 with Acknowledgment Card xerox
Copy of the letter dated 11.07.2019 addressed to
13 P13 Commissioner, Corporation of Chennai with original seal
and xerox copy of the Acknowledgment card.
14 P14 Series 36 photos with 2 CDs, one studio bill.
List of exhibits marked on the side of the Defendant:
Nil
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Asr
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C.S. No.976 of 2015
N.SESHASAYEE.J.,
Asr
C.S. No.976 of 2015
11.01.2023
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