Madras High Court
M.Regina Celine vs Meenakshi Sundaram on 16 October, 2023
C.M.A(MD)No.1001 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN
C.M.A(MD)No.1001 of 2023
and
C.M.P.(MD) No.13903 of 2023
1.M.Regina Celine
2.M.Kamseeli
Josphine Mary (died)
3.Elizabeth Rani
4.Arul David Joseph
5.Nirmala ... Appellants
.vs.
1.Meenakshi Sundaram
2.Rani Elizabeth
3.M.Martin ... Respondents
PRAYER: Civil Miscellaneous Appeal filed under Order 43 Rule 1(r) of
the Code of Civil Procedure, to set aside the fair and decreetal order
dated 12.06.2023 rendered in E.A.No.01 of 2021 in E.P.No.410 of 2020
in O.S.No.137 of 2009 on the file learned First Additional District Judge
(PCR), Trichirappalli.
1/9
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C.M.A(MD)No.1001 of 2023
For Appellants : Mr.K.S.Kathiravan
JUDGMENT
This appeal is filed challenging the order passed in E.A.No.01 of
2021 in E.P.No.410 of 2020 in O.S.No.137 of 2009 on the file of the
learned First Additional District Judge (PCR), Trichy.
2. The petitioners 1 and 2 herein and one Josephine Mary as
plaintiffs filed the suit in O.S.No.137 of 2009 seeking the relief of
partition of 9/12th shares and for separate possession. That suit was
decreed and a preliminary decree for partition of 9/12th shares in favour
of the plaintiffs, was passed on 07.09.2012. Against the said Judgment,
the defendants filed an appeal in A.S.No.164 of 2014. The appellate
Court while confirming 9/12th shares allotted to the plaintiffs, modified
the share of the second defendant from 1/12th share to 3/12th share. No
second appeal was filed against the Judgment and decree of the first
appellate Court in A.S.No.164 of 2014 and the said Judgment and decree
became final.
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C.M.A(MD)No.1001 of 2023
3. Thereafter, the plaintiffs filed a final decree petition in I.A.No.
465 of 2013. After elaborate enquiry, final decree was passed allotting
the shares to the parties on 12.06.2020. The plaintiffs filed E.P.No.
410 of 2010 for delivering the shares. When the Senior Bailiff made
attempts to deliver the property as per the final decree, he was obstructed
by the respondents 1 and 2. Later, the respondents 1 and 2 filed E.A.No.
1 of 2021 under Order 21 Rule 97 and Section 151 of Code of Civil
Procedure, claiming that they are the tenants in respect of the property
allotted to the shares of the plaintiffs. After enquiry, the learned First
Additional District Judge, Trichy, allowed the said petition. Thus, this
Civil Miscellaneous Appeal is filed.
4. It is the submission of the learned counsel for the appellants that
the tenants are not parties to the suit proceedings. They have not taken
any steps for registering themselves as tenants under the Tamil Nadu
Regulation of Rights and Responsibilities of Landlords and Tenants
Act, 2017. In the said circumstances, they cannot claim to be statutory
tenants and they are bound by the decree passed in favour of the
appellants. Thus, the appellants prayed for setting aside the order of the
learned First Additional District Judge, Trichy and for allowing this
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C.M.A(MD)No.1001 of 2023
appeal. In support of his contention, he produced the Judgment of the
Hon'ble Supreme Court in B.Gangadhar Vs B.G.Rajalingam, reported
in (1995) 5 SCC 238.
5. Considered the rival submissions and perused the records.
6. From the submissions of the learned counsel for the appellants
and the records produced, it is evident that the appellants were allotted
9/12th shares in O.S.No.137 of 2009. In the final decree petition filed in
I.A.No.465 of 2013, the properties were earmarked and allotted.
When the execution petition is filed in E.P.No.410 of 2020, the
respondents 1 and 2 herein obstructed/resisted the execution of the
decree on the ground that they are the tenants in respect of the properties
allotted to the appellants. It is pertinent to refer the return made by the
Senior Bailiff, which reads as follows:-
01.09.2021 k; Njjpapy; fl;lisapy; fz;l
fpuhkj;jpw;F nrd;W i\ ];jhtu nrhj;ij
kDjhuh;fSf;F RthjPdk; nra;J nfhLf;f
Kw;gl;lNghJ i\ vjph;kDjhuh; kw;Wk; Kd;whk;
egh;fs; RthjPdk; nra;atplhky; jLj;Jtpl;ldh;. NkYk;
kPwp RthjPdk; nra;ag;gl;lhy; jfuhW Vw;gLk; #o;epiy
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C.M.A(MD)No.1001 of 2023
epyTtjhy; jfuhW Vw;glhky; ,Uf;f NghyP];
cjtpf;Fk;> RthjPd fhyj;jpy; jfuhW
Vw;glhky; ,Uf;fTk;> NkYk; RthjPd [hgpjh g
+l;lg;gl;bUe;jhy; g g+l;il cilj;J RthjPdk;
nra;aTk; V.A.O cjtpf;Fk; kDf;fs; jhf;fy; nra;J
r%fk; Nfhh;l;by; cj;juT ngw;W RthjPdk; ngw;Wf;
nfhs;fpNwd; vd;W kDjhuh;fs; $wpajhy; mJ
tpguj;jpw;F mj;jhl;rp vOjp thq;fpAk;> ,Wjpepiy
jPh;g;ghiz efy;> mj;jhl;rp rfpjk; fl;lisia hpl;ld;
nra;Js;Nsd;.
7. It is seen that the respondents 1 and 2 have produced
Ex.P.1 to Ex.P.24 documents to show that they are residing in the
property allotted to the appellants in the capacity of tenants. In the said
circumstances, the petition filed by the respondents 1 and 2 came to be
allowed. It is further seen from the order of the learned First Additional
District Judge, Trichy and the records perused that the respondents 1 and
2 claimed to be in possession of the properties as tenants even from the
year 1998. After introduction of the Tamil Nadu Regulation of Rights
and Responsibilities of Landlords and Tenants Act, 2017, either the
tenants or the landlords have not taken any steps for entering into a
tenancy agreement as required under Section 4 of the Act and register it
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C.M.A(MD)No.1001 of 2023
with the Authorities. No doubt, the appellants were allotted their shares
in the final decree proceedings only on 12.06.2020. When there are
already tenants in the property allotted to the appellants, the appellants
ought to have taken steps for entering into tenancy agreement with the
respondents 1 and 2 and proceeded to evict them in the manner known to
law, i.e., under the provisions of Tamil Nadu Regulation of Rights and
Responsibilities of Landlords and Tenants Act, 2017. The Judgment
relied on by the learned counsel for the appellants relates to the case
where the tenants claim title, right or interest in the property through the
Judgment debtor. In this case, the appellants are decree holders. The
respondents 1 and 2 are the tenants in the properties allotted to the
appellants even from the year 1998. Therefore, the respondents 1 and 2
can be evicted only in terms of the provisions under the Tamil Nadu
Regulation of Rights and Responsibilities of Landlords and Tenants Act,
2017.
8. In view of this matter, this Court finds that the Judgment relied
on by the learned counsel for the appellants is not applicable to the facts
and circumstances of the case.
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C.M.A(MD)No.1001 of 2023
9.In fine, this Court concludes that the learned First Additional
District Judge, Trichy, has rightly allowed the petition filed by the
respondents 1 and 2 and there is no illegality or irregularity in the order
passed by the learned First Additional District Judge, Trichy, and the
same is confirmed. Accordingly, this Civil Miscellaneous Appeal is liable
to be dismissed.
10. After dictating the order, it is submitted by the learned counsel
for the appellants that E.P.No.410 of 2020 is still pending and requested
that the learned First Additional District Judge, Trichy, may be directed
to record symbolic delivery of possession giving liberty to the appellants
to work out their remedy against the respondents 1 and 2 in the manner
known to law.
11. Thus, this Court directs the learned First Additional District
Judge, Trichy, to record symbolic delivery of possession. Appellants can
work out their remedy for evicting the respondents 1 and 2 in the manner
known to law.
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C.M.A(MD)No.1001 of 2023
12. With the above observations and directions, this Civil
Miscellaneous Petition is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
Index :Yes/No 16.10.2023
Internet :Yes/No
NCC :Yes/No
cp
To
The First Additional District Judge (PCR),
Trichirappalli.
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C.M.A(MD)No.1001 of 2023
G.CHANDRASEKHARAN,J.
cp
C.M.A(MD)No.1001 of 2023
16.10.2023
https://www.mhc.tn.gov.in/judis
