Madras High Court
E.Chakravarthy vs N.Rathinavel on 10 October, 2023
C.S.No.47 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 10..10..2023
CORAM
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
Civil Suit No.47 of 2020
and
O.A.Nos.77 & 78 of 2020
E.Chakravarthy
... Plaintiff
-Versus-
1.N.Rathinavel
2.Valarmathi
... Defendants
Suit filed under Oder VII Rule 1 of the Code of civil Procedure r/w Order
IV Rule 1 of Original Side Rules praying to pass a judgment and decree of
permanent injunction as against the defendants 1 and 2, their men, agents,
servants or any other person or persons claiming for, through or under them or on
behalf of them from disturbing the plaintiff in the peaceful use, enjoyment and
possession of the suit schedule properties which are situated in Chennai District,
Thiruvanmiyur Village, Kannappa Nagar Extension, comprised in Town Survey
field numbers 158 and 157 and bearing Plot Numbers 33 & 25 measuring an
extent of 2520 square feet and 2438 square feet respectively; permanent
injunction as against the defendants 1 and 2, their men, agents servants or any
other person or persons claiming for, through or under them or on behalf of them
from causing any disturbance to the construction activity which is being carried
out by the plaintiff by employing his men and servants in the suit schedule
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properties which are situated in Chennai District, Thiruvanmiyur Village,
Kannappa Nagar Extension, comprised in Town Survey Field Numbers 158 &
157 bearing Plot Numbers 33 & 25, measuring an extent of 2520 square feet and
2438 square feet respectively; and for costs.
For Plaintiff : Mr.C.P.Hemkumar for
Mr.A.Sathiyamurthi
For Defendants : Set Ex-parte
JUDGEMENT
Suit is for a decree of permanent injunction restraining the defendants 1 and
2, their men, agents, servants or any other person or persons claiming for,
through or under them or on behalf of them from disturbing the plaintiff in the
peaceful use, enjoyment and possession of the suit schedule properties;
restraining defendants 1 and 2, their men, agents servants or any other person or
persons claiming for, through or under them or on behalf of them from causing
any disturbance to the construction activity which is being carried out by the
plaintiff by employing his men and servants in the suit schedule properties; and
also for costs.
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2. The plaintiff claims to be absolute owner of the suit schedule items by
virtue of purchase from one K.Anbazhagan on 18.11.2019 and 18.12.2019
respectively. He was put in possession of the suit items on the date of execution of
the sale deeds. According to the plaintiff, the defendants have prevented him
from carrying out the construction activities in the suit properties and therefore,
he made a complaint to the police on 19.01.2020 as against the defendants. On
20.01.2020 also, the defendant attempted to prevent the plaintiff from carrying
out construction activities. On 27.01.2020, the plaintiff and his son were
prevented from entering into the suit schedule properties. On 28.01.2020, the
defendants entered into a wordy quarrel with the son of the plaintiff and
prevented the construction activities. Hence, the suit.
3. The defendants 1 and 2 have filed their written statement denying the
averments made in the plaint and inter alia contending that did not have any
semblance of right over the property in Old S.Nos.93/3 & 935/5 belonging to
them.
4. Based on the pleadings the following issues were framed for trial:
(1) Whether the plaintiff is entitled to get an order
of permanent injunction as against the defendants 1 and
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2 from disturbing the plaintiff in the peaceful use,
enjoyment and possession of the suit schedule properties
which are situated in Chennai District, Thiruvanmiyur
village, Kannappa Nagar Extension, comprised in Town
Survey Field Numbers 158 & 157 and bearing Plot
Numbers 33 and 25 measuring an extent of 2520 square
feet and 2438 square feet respectively?
(2) Whether the plaintiff is entitled to get an order
of permanent injunction as against the defendants from
causing any disturbance to the construction activity
which is being carried out by the plaintiff in the suit
schedule properties which are situated in Chennai
District, Thiruvanmiyur Village, Kannappa Nagar
Extension, comprised in Town Survey Field Numbers
158 & 157 bearing Plot Numbers 33 and 25 measuring
extent of 2520 square and 2438 square feet
respectively?
(3) Whether the plaintiff is in actual possession of
the suit schedule properties?
(4) Whether the plaintiff is entitled for the relief of
cost of the suit?
(5) What other reliefs the plaintiff is entitled to?
5. On 08.04.2022, P.W.1 (plaintiff) filed his proof affidavit in chief
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examination and examined as P.W.1 and marked Exs.P.1 to 14 and for marking
of plaintiff's side further documents and for cross examination of the plaintiff the
suit was adjourned to 21.04.2022. Thereafter, the case was adjourned on several
dates at request of the 1st defendant's counsel. On 19.10.2022 plaintiff marked
Exs.P.16 to P.24, however, at request of the defendants' counsel, the case was
adjourned to 08.12.2022 for the cross examination of P.W.1. On 08.12.2022
also, at request of the learned counsel for the defendants, the case was adjourned
to 12.12.2022 as last chance. On 20.12.2022 also there was no progress and at
request of the learned counsel for the defendants, the case was adjourned to
10.01.2023. However, it is seen from the records that on 10.01.2023, the learned
counsel for the defendants has reported to the court that he had no instructions.
Therefore, the Additional Master-III had directed the suit to be posted before this
court. It is seen from the endorsement made in the case sheet that the counsel on
record for the defendants filed a memo in SR No.9946/2023 withdrawing his
appearance.
6. On 30.03.2023 when the counsel on record for the defendants had
sought to withdraw the vakalath filed on behalf of the defendants, this court had
directed notice to be served on the defendants indicating that the suit would be
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taken up for hearing on 25.04.2023. Accordingly, notices were served on the
defendants at their office by the bailiff of the court. Thereafter, though new
counsel had entered appearance for the defendants, none represented the
defendants when the suit was called in court. Notice was also served on the
erstwhile counsel who was on record for the defendants. Hence, the defendants
are set ex parte.
7. This court has heard the arguments of the plaintiff side ex parte.
8. It is the case of the plaintiff that the suit schedule items are vacant plots
which he had purchased on 18.11.2019 and 18.12.2019 for valuable
consideration from K.Anbalagan. Mutation had also been effected in the name of
the plaintiff in the revenue record. According to the plaintiff, the defendants have
prevented him from carrying out construction activities. PW1 has deposed
reiterating the same facts as stated in the plaint.
9. Ex.P.1 is the certified copy of settlement deed vide Doc.No.2428/1967
dated 25.06.1967. Ex.P.2 is the certified copy of sale deed vide Doc.No.895/1972
dated 30.03.1972. Ex.P.3 is the certified copy of release deed vide
Doc.No.1269/1972 dated 30.03.1972. Ex.P.4 is the certified copy of partition
deed vide Doc.No.1399/1972 dated 19.05.1972. Ex.P.5 is the original
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Encumbrance Certificate from 01.01.1950 to 31.12.1974 dated 16.07.2020.
Ex.P.6 is the certified copy of sale deed vide Doc.No.5019/2002 dated
24.10.2022. Ex.P.7 is the certified copy of sale deed vide Doc.No.5020/2002
dated 24.10.2022. Ex.P.8 is the original patta issued in favour of K.Anbazagan
for suit item 1 and 2. Ex.P.9 is the original mortgage deed vide Doc.
No.1183/2014 dated 14.10.20214. Ex.P.10 is the original mortgage deed vide
Doc.No.10957/2014 dated 24.06.2019. Ex.P.11 is the wen copy of judgment
passed in C.S.No.259 of 2018 dated 24.06.2019. Ex.P.12 is the certified copy of
sale deed vide Doc.No.12686/2019 dated 18.11.2019. Ex.P.13 is the certified
copy of sale deed vide Doc.No.82/2020 dated 18.12.2019. Ex.P.14 is the office
copy of complaint lodged by plaintiff dated 19.01.2020 Ex.P.15 is the original
CSR No.24/2020 issued by Neelangarai Police Station. Ex.P.16 (series-8 Nos.) is
the photos along with receipt. Ex.P.17 is the online certified copy of the Town
Survey Land Register along with a separate affidavit under 65B of the IT Act.
Ex.P.18 is the printout of Encumbrance Certificate for Plot No.25 from
01.01.1975 to 14.09.1981 along with a separate affidavit under 65B of the IT
Act. Ex.P.19 is the print out of the Encumbrance Certificate for Plot No.33 from
01.01.1975 to 14.09.1981 along with a separate affidavit under 65B of the IT
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Act. Ex.P.20 is the print out of Encumbrance Certificate for Plot No.25 from
15.09.1981 to 15.04.2022 along with a separate affidavit under Section 65B of
the IT Act. Ex.P.21 is the printout of Encumbrance Certificate for Plot NO.33
from 15.09.1981 to 15.04.2022 along with a separate affidavit under 65B of the
IT Act. Ex.P.22 is the served copy of the order for name transfer dated
02.09.2008. Ex.P.23 is the receipt for name transfer fees issued by CMWSSC
dated 05.09.2008. Ex.P.24 (series – 2 Nos.) is the tax payment receipt issued by
CMWSSC dated 20.09.2008.
10. According to the plaintiff, ever since the date of purchase he has been
in possession and enjoyment of the suit items. The documentary evidence as
stated above and the evidence on affidavit adduced in the suit fully supported and
corroborated the case of the plaintiff as narrated in the plaint. Ex.P.11 and
Ex.P.12 are sale deeds relating to the suit items standing in the name of the
plaintiff. Exs.P.1 to P.19 are deeds and encumbrance certificate relating to the
suit items including the title deeds of the vendor of the plaintiff. Ex.P.14 and
Ex.P.15 relate to complaint made to the police against the defendants by the
plaintiff. The plaintiff has mutated his name in the Town Survey records. Ex.P.22
is the Town Survey Land Register. The evidence adduced on behalf of the
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plaintiff is supported and corroborated by oral as well as documentary evidence.
The defendants have not chosen to conduct trial and controvert the averments
made in the plaintiff. On considering the evidence of P.W.1 (Plaintiff) and the
documents produced, this court is of the view that the plaintiff has proved his title
over the suit items. The suit items are vacant lands. It is the settled law that
possession follows title. When the plaintiff has established his title, possession
follows title. Therefore, this court is of the view that the plaintiff has established
his claim against the defendants. Accordingly, the suit deserves to be decreed ex
parte in its entirety with costs.
In the result, the civil suit is decreed as prayed for with costs.
Consequently, connected OAs are closed.
Index : yes / no 10..10..2023
Neutral Citation : yes / no
Speaking/Non Speaking order
kmk
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List of witnesses examined on the side of the plaintiff:
P.W.1 – E.Chakravarthy (Plaintiff)
List of Witnesses examined on the side of the defendants:
Nil
List of documents marked on the side of the plaintiff:
Ex.P.1 25.06.1967 Certified copy of settlement deed vide
Doc.No.2428/1967
Ex.P.2 30.03.1972 Certified copy of sale deed vide Doc.No.895/1972
Ex.P.3 30.03.1972 Certified copy of release deed vide Doc.No.1269/1972
Ex.P.4 19.05.1972 Certified copy of partition deed vide Doc.No.1399/1972
Ex.P.5 16.07.2020 Original Encumbrance Certificate from 01.01.1950 to
31.12.1974
Ex.P.6 24.10.2022 Certified copy of sale deed vide Doc.No.5019/2002
Ex.P.7 24.10.2022 Certified copy of sale deed vide Doc.No.5020/2002
Ex.P.8 - Original patta issued in favour of K.Anbazagan for suit
item 1 and 2.
Ex.P.9 14.10.2014 Original mortgage deed vide Doc. No.1183/2014
Ex.P.10 24.06.2019 Original mortgage deed vide Doc.No.10957/2014
Ex.P.11 24.06.2019 Web copy of judgment passed in C.S.No.259 of 2018
Ex.P.12 18.11.2019 Certified copy of sale deed vide Doc.No.12686/2019
Ex.P.13 18.12.2019 Certified copy of sale deed vide Doc.No.82/2020
Ex.P.14 19.01.2020 Office copy of complaint lodged by plaintiff
Ex.P.15 - Original CSR No.24/2020 issued by Neelangarai Police
Station.
Ex.P.16 - Photograph (series-8Nos.) along with receipt.
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Ex.P.17 - Online certified copy of the Town Survey Land Register
along with a separate affidavit under 65B of the IT Act.
Ex.P.18 - Printout of Encumbrance Certificate for Plot No.25
from 01.01.1975 to 14.09.1981 along with a separate
affidavit under 65B of the IT Act.
Ex.P.19 - Print out of the Encumbrance Certificate for Plot No.33
from 01.01.1975 to 14.09.1981 along with a separate
affidavit under 65B of the IT Act.
Ex.P.20 - Print out of Encumbrance Certificate for Plot No.25
from 15.09.1981 to 15.04.2022 along with a separate
affidavit under Section 65B of the IT Act.
Ex.P.21 - Printout of Encumbrance Certificate for Plot NO.33
from 15.09.1981 to 15.04.2022 along with a separate
affidavit under 65B of the IT Act.
Ex.P.22 02.09.2008 Served copy of the order for name transfer
Ex.P.23 05.09.2008 Receipt for name transfer fees issued by CMWSSC
Ex.P.24 20.09.2008 Tax payment receipt issued by CMWSSC
(series–2
Nos.)
List of documents marked on the side of the Defendant(s):
Nil
10..10..2023
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N.SATHISH KUMAR.J.,
kmk
Civil Suit No.47 of 2020
10..10..2023
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