Madras High Court
Uma Suresh vs Gainedy Kodanda Ramarao on 5 January, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.01.2024
CORAM:
THE HON'BLE MR. JUSTICE N.SATHISH KUMAR
C.S.No.33 of 2023
and A.Nos.116 & 6085 of 2023
Uma Suresh .. Plaintiff
Vs.
Gainedy Kodanda Ramarao .. Defendant
Prayer: Civil Suit filed under Order VII Rule 1 of the Code of Civil
Procedure read with Order XXIV Rule 2 of Original Side Rules and Order IV
Rule 1 of Original Side Rules praying for a judgment and decree to:
(i) Declare that the Plaintiff is the Sole and Absolute Owner of all that
piece and parcel of the property comprising of House, Ground and Premises
bearing Old No.2, New No.187/2, A1 Block No.98, 4th Avenue, Shanthi
Colony, Anna Nagar West, Chennai-600 040 situated in Town Survey
Nos.162 (part) and 163 (part), Block No.1C, Naduvankarai Village, earlier
Egmore Taluk, now Aminjikari Taluk, Chennai (Urban) District comprising
an extent equivalent to one- sixth Undivided Share of Land (1/6th UDS)
together with the Superstructure measuring 1026 Square Feet or thereabouts
built thereupon situated within the Registration District of Chennai Central
and Sub Registration District of Anna Nagar which is more particularly
described in the schedule;
(ii) pass an order of Permanent Injunction restraining the defendant
from in any manner interfering with the plaintiff's peaceful possession and
enjoyment of the 'Suit Property' ;
(iii) Direct the defendant to pay costs and
(iv) pass such other or futher orders
For Plaintiff : M/s.N.V.N.Margandeyan and
Mr.M.Kannan
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2
Advocate Commissioner : Mrs.R.Gandhimathi
JUDGMENT
The Suit has been filed for declaration and permanent injunction. The
plaintiff and the defendant are none other than sister and brother. It is the
case of the plaintiff that her elder sister, namely K.Indira Bai was the original
owner of the suit property and after the death of her husband, she had settled
the suit property in favour of the plaintiff, through her Power Agent, retaining
the life interest. Thereafter, the said K.Indira Bai died. So, the plaintiff, being
the settlee and in possession of the suit property, is the absolute owner of the
property. However, the defendant visited the suit property and claimed share
in the suit property through the present suit.
2. The defendant remained exparte. The plaintiff was examined
through the Advocate Commissioner as PW1. Exs.P1 to P7 were marked on
behalf of the plaintiff. The plaintiff has stated about the nature of the
property and the ownership of her sister K.Indira Bai. Ex.P1 - Sale Deed
dated 22.08.1988 proves the fact that Indira Bai is the purchaser of the
property. Thereafter, as per Ex.P2 - Deed of Power of Attorney dated
07.03.2013, Indira Bai has appointed her husband to execute the settlement
deed and in pursuant to the same, Ex.P3- Settlement Deed dated 11.03.2013
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was executed in favour of the plaintiff.
3. On perusal of the above documents, it is seen that life interest has
been retained by the settlor. Indira Bai died on 19.06.2013, which has been
established by Ex.P4- Death Certificate. The plaintiff thereafter effected
mutations in revenue records and property tax has also been paid, which has
been filed in the documents.
4. Considering the above documents, which has not been disputed and
the defendant has also remained exparte and Ex.P7-Encumbrance Certificate
establish the fact that the property was owned by the settlor and the plaintiff,
being the settle and in possession of the suit property, proved her case for
judgment and decree.
5. Accordingly, the Suit is decreed as prayed for. However, considering
the nature of relationship between the parties, there shall be no order as to
costs. Consequently, connected miscellaneous petitions are closed.
6. The Advocate Commissioner has submitted his report. A memo has
been filed by the Advocate Commissioner, praying for additional
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remuneration. The plaintiff is directed to pay additional remuneration of
Rs.5,000/- (Rupees Five Thousand Only) to the Advocate Commissioner.
05.01.2024
Jvm
Index : Yes/No
Internet : Yes/No
List of Witnesses:
PW1 : Mrs.Uma Suresh
List of Exhibits :
Exhibits Date Description of Documents
Ex.P1 22.08.1988 Sale Deed in favour of Indira Bai
Ex.P2 07.03.2013 Deed of General Power of Attorney executed by
Indira Bai
Ex.P3 11.03.2013 Settlement Deed executed in favour of the plaintiff
Ex.P4 25.01.2013 Death Certificate of Mrs.K.Indira Bai
Ex.P5 20.01.2023 Complaint given by the Plaintiff to the Inspector of
Police (Law and Order), K5 Police Station against
the defendant
Ex.P6 15.06.2022 Proper Tax receipt in respect of the suit property
Ex.P7 11.01.2023 Encumbrance Certificate in respect of the suit
property
05.01.2024
N.SATHISH KUMAR. J
Jvm
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Judgment
05.01.2024
https://www.mhc.tn.gov.in/judis
