Madras High Court
Jubaitha Ammal (Died) ... I vs N.Panjalai (Died) ... 1St on 23 July, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
S.A.Nos.1634 & 1635 of 2004
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.07.2025
CORAM
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
S.A.Nos.1634 & 1635 of 2004
and
C.M.P.No.12849 of 2004
S.A.No.1634 of 2004:
1.Jubaitha Ammal (Died) ... I Appellant/I Appellant
1st Defendant
2.M.A.Mohammed Kassim (Died) ... II Appellant/II Appellant
2nd Defendant
3.M.M.Anwar Ali
4.M.M.Abdul Hameed
5.M.M.Hassan Mohammed ... Appellants 3 to 5
(Appellants 4 & 5 are represented through
their power agent 3rd appellant)
(Appellants 3 to 5 are brought on record as
LRs of deceased 2nd appellant, vide Court
order, dated 18.04.2018 made in
C.M.P(MD)Nos.1499 & 1500 of 2018)
6.M.R.Remiza Beevi (Died)
7.M.R.Asraf Ali
8.M.R.Mehrunisha (Died)
1/11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
9.M.R.Noorzahan
10.M.R.Sarbunisha
11.M.R.Asina Begam ... Appellants 6 to 11
(Appellants 6 to 11 are brought on record as LRs
of deceased 1st appellant, vide Court order, dated
18.04.2018 made in C.M.P(MD)Nos.1496 to 1498
of 2018 in S.A.No.1634 of 2004)
12.J.Anwar Batcha
13.A.Baduranisha
14.A.Nazeema Begam
15.A.Shifana Begum ... Appellants 12 to 15
(Appellants 12 to 15 are brought on record as LRs
of the deceased 6th appellant vide Court order,
dated 13.06.2025 made in C.M.P(MD)Nos.9784,
9785 & 9788 of 2023 in S.A.No.1634 of 2004)
16.M.Gulam Mohammed
17.G.Samsath Begum
18.G.Mohammed Ibrahim ... Appellants 16 to 18
(Appellants 16 to 18 are brought on record as LRs
of the deceased 8th appellant vide Court order,
dated 13.06.2025 made in C.M.P(MD)Nos.9790,
9791 & 9793 of 2023 in S.A.No.1634 of 2004)
Vs.
1.N.Panjalai (Died) ... 1st Respondent/
2nd Respondent/
4th Defendant
2/11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
2.N.Ramakrishnan (Died) ... 2nd Respondent/
1st Respondent/
Plaintiff
3.Indian Oil Corporation Limited,
Represented by its Regional Manager. ... 3rd Respondent/
3rd Respondent/
3rd Defendant
4.Vijayalakshmi
5.Jeyakumar
6.Ravikumar
7.Sathya
8.Saranya ... Respondents 4 to 8
(Respondents 4 to 8 brought on record as
LRs of the deceased 2nd respondent vide
Court order, dated 15.07.2009 made in
M.P(MD)Nos.1 to 3 & 1 to 3 of 2007 in
S.A.Nos.1634 & 1635 of 2004)
9.N.Ramesh ...9th Respondent
(9th Respondent is brought on record as LR
of the deceased 1st respondent vide Court
order, dated 08.07.2025 made in
C.M.P(MD)Nos.9776, 9778 & 9780 of 2023
in S.A.No.1634 of 2004)
PRAYER : Second Appeal filed under Section 100 of the Civil
Procedure Code, 1908, against the decree and judgment of the Principal
Sub Judge, Kumbakonam, dated 13.10.2003 passed in A.S.No.74 of
3/11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
2003 confirming the decree and judgment of the District Munsif of
Papanasam, dated 30.01.2003 passed in O.S.No.28 of 2000.
For Appellants : Mr.PT.S.Narendravasan
For R-3 : Mr.K.Muraleedharan
For R-4 to R-9 : Mr.S.Deenadhayalan
S.A.No.1635 of 2004:
1.Jubaitha Ammal (Died)
2.M.A.Mohammed Kassim (Died) ... Appellants/Appellants
Plaintiffs
3.M.M.Anwar Ali
4.M.M.Abdul Hameed
5.M.M.Hassan Mohammed ... Appellants 3 to 5
(Appellants 4 & 5 are represented through
their power agent 3rd appellant)
6.M.R.Remiza Beevi (Died)
7.M.R.Asraf Ali
8.M.R.Mehrunisha (Died)
9.M.R.Noorzahan
10.M.R.Sarbunisha
11.M.R.Asina Begam ... Appellants 6 to 11
(Appellants 3 to 5 brought on record as LRs of the
deceased 2nd appellant and appellants 6 to 11 are
4/11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
brought on record as LRs of the deceased 1st
appellant, vide Court order, dated 03.04.2018
made in C.M.P(MD)Nos.1504 & 1505 of 2018 and
C.M.P(MD)Nos.1501 to 1503 of 2018 in S.A.No.
1635 of 2004)
12.J.Anwar Batcha
13.A.Baduranisha
14.A.Nazeema Begam
15.A.Shifana Begum ... Appellants 12 to 15
(Appellants 12 to 15 are brought on record as LRs
of the deceased 6th appellant vide Court order,
dated 13.06.2025 made in C.M.P(MD)Nos.9794,
9795 & 9796 of 2023 in S.A.No.1635 of 2004)
16.M.Gulam Mohammed
17.G.Samsath Begum
18.G.Mohammed Ibrahim ... Appellants 16 to 18
(Appellants 16 to 18 are brought on record as LRs
of the deceased 8th appellant vide Court order,
dated 13.06.2025 made in C.M.P(MD)Nos.9801,
9802 & 9803 of 2023 in S.A.No.1635 of 2004)
Vs.
1.N.Panjalai (Died)
2.N.Ramakrishnan (Died) ... Respondents/Respondents
Defendants
3.Vijayalakshmi
4.Jayakumar
5/11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
5.Ravikumar
6.Sathya
7.Saranya ... Respondents 3 to 7
(Respondents 3 to 7 brought on record as
LRs of the deceased 2nd respondent vide
Court order, dated 15.07.2009 made in
M.P(MD)Nos.1 to 3 & 1 to 3 of 2007 in
S.A.Nos.1634 & 1635 of 2004)
8.N.Ramesh ...8th Respondent
(8th Respondent is brought on record as LR
of the deceased 1st respondent vide Court
order, dated 08.07.2025 made in
C.M.P(MD)Nos.9797, 9798 & 9799 of 2023
in S.A.No.1635 of 2004)
PRAYER : Second Appeal filed under Section 100 of the Civil
Procedure Code, 1908, against the decree and judgment of the Principal
Sub Judge, Kumbakonam, dated 13.10.2003 passed in A.S.No.75 of
2003 confirming the decree and judgment of the District Munsif of
Papanasam, dated 30.01.2003 passed in O.S.No.136 of 1998.
For Appellants : Mr.PT.S.Narendravasan
For R-3 to R-8 : Mr.S.Deenadhayalan
6/11
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
COMMON JUDGMENT
The Second Appeals have been preferred by a tenant, who is
running a petrol bunk in the suit schedule property.
2. The tenant had filed O.S.No.136 of 1998 seeking a mandatory
injunction for extension of lease on the basis of a clause found in the
lease agreement, dated 29.07.1990 marked as Exhibit B.1. As per the
original lease deed, the lease period is fixed for eight years. A clause in
the said lease deed provides for further extension of 10 years. Alleging
that the landlord is not coming for extension of lease for a further period
of 10 years, O.S.No.136 of 1998 was filed by the tenant. The landlord
had filed O.S.No.28 of 2000 seeking recovery of possession on the
ground that the lease period had got expired. Both the suits were tried
together. O.S.No.136 of 1998 was dismissed and O.S.No.28 of 2000 was
decreed. Challenging the same, the tenant has preferred A.S.Nos.74 and
75 of 2003. Both the appeals preferred by the tenant were dismissed by
the First Appellate Court. Challenging the said judgment and decree, the
tenant has preferred the present second appeals in S.A.Nos.1634 and
1635 of 2004.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
3. According to the learned Counsel appearing for the appellants,
the tenant is running the petrol bunk for more than 50 years and a huge
sum of Rs.80,00,000/- is outstanding from various persons including
Government Departments. He requires some time to relocate the petrol
bunk. For relocating the petrol bunk, permission has to be obtained from
several authorities and therefore, he prays two years time to vacate and
hand over the premises. To the said effect, an affidavit has been filed by
the tenant, dated 23.07.2025.
4. The learned Counsel appearing for the respondent landlord
submits that the lease period has expired in the year 1998. Even if the
suit filed by the tenant in O.S.No.136 of 1998 had been decreed, the
lease period would have expired in the year 2008. In such circumstances,
no further time should be granted to the tenant for vacating and handing
over possession. He further submits that from July 2022 onwards, the
monthly rent has not been paid by the tenant. The learned Counsel
appearing for the tenant submits that though the rent was sent to the
landlord, they were returned by the landlord.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
5. Considering the fact that the tenant has filed an affidavit seeking
time to vacate and hand over possession, this Court is not inclined to go
into the merits of the second appeals.
6. The following judgment and decree is passed:
"a) The judgment and decree of the Courts below
are hereby confirmed.
b) The tenant is granted time till 28.02.2026 to
vacate and hand over possession.
c) The tenant shall pay rent at the rate of
Rs.25,000/- from January 2023 onwards till date. The
said arrears shall be paid on or before 31.08.2025.
d) In case if the tenant has not vacated the premises
by that time, the third respondent is directed to stop the
supply of fuel to the appellants."
7. The second appeals stand disposed of on the above said terms.
There shall be no order as to costs. Consequently, connected
Miscellaneous Petition stands closed.
23.07.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
BTR
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
Note: Issue order copy on 25.07.2025.
To
1.The Principal Sub Judge,
Kumbakonam.
2.The District Munsif,
Papanasam.
3.The Section Officer,
Vernacular Record Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
S.A.Nos.1634 & 1635 of 2004
R.VIJAYAKUMAR, J.
BTR
Judgment made in
S.A.Nos.1634 & 1635 of 2004
Dated:
23.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/07/2025 04:01:36 pm )
