Madras High Court
R.Sivakumar vs Rajendran ... 1St on 28 March, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
A.S.(MD)No.206 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.03.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
A.S(MD)No.206 of 2023
and
C.M.P.(MD)No.11734 of 2023
R.Sivakumar .... Appellant / 1st Defendant
Vs.
1.Rajendran ... 1st Respondent / Plaintiff
2.R.Jeyantheeshwari ... 2nd Respondent / 2nd Defendant
Prayer : Appeal Suit filed under Section 96 of Civil Procedure Code, to set
aside the Judgment and decree dated 30.11.2021 passed in O.S.No.101 of 2020
on the file of the Principal District Judge, Theni.
For Appellant : Mrs.A.Banumathy
For Respondents : Mr.M.Senthil Kumar
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A.S.(MD)No.206 of 2023
JUDGEMENT
(Judgment of the Court was made by G.R.SWAMINATHAN, J.)
This appeal arises out of a suit for partition. The suit property stood in
the names of Thiru.Rajendran S/o.Ramasamy and his wife Selvi. Selvi passed
away in the year 2011. She died intestate. Through the wedlock between
Rajendran and Selvi, two children were born. They are R.Sivakumar and
R.Jeyantheeshwari. The suit property is located in three cents of land. The suit
property measures 1278 square feet. It has a ground floor and a first floor.
Since the relationship between Rajendran and his son came under strain,
Rajendran filed O.S.No.101 of 2020 on the file of the Principle District Judge,
Theni claiming his 2/3rd share in the property. Rajendran examined himself as
P.W.1. Ex.A1 to Ex.A5 were marked. Sivakumar examined himself as D.W.1.
One Rengaraj was examined as D.W.2. Ex.B1 to Ex.B5 were marked on the
side of the defendant. Jeyantheeshwari sailed along with the plaintiff. After
considering the evidence on record and hearing both sides, the learned trial
Judge vide Judgment dated 30.11.2021 passed preliminary decree granting 2/3rd
share in favour of the plaintiff and 1/6th share in favour of each of the
defendants. Aggrieved by the same, this appeal came to be filed at the instance
of son Sivakumar. Sivakumar is having a special child. We therefore requested
Rajendran to consider resolving the issue amicably.
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2. The parties are present in person before us. Thiru.Rajendran as well as
Jeyantheeswari agreed that R.Sivakumar can take the entire suit schedule
property in his name after paying a sum of Rs.25,00,000/- to Rajendran which
will include the share payable to R.Jeyantheeswari also. Thiru.Sivakumar is
also agreeable to the said proposal. Recording the compromises arrived at
among the parties, this appeal is disposed of as follows:-
1. Rajendran as well as Jeyantheeswari/D2 agreed that upon
payment of Rs.25,00,000/- directly to the plaintiff Rajendran, the
suit property will become the absolute property of R.Sivakumar.
2. Ex.A1 dated 25.01.1996 is the title document in respect of
the suit property. It was marked by the plaintiff. The plaintiff is
permitted to take back the said document. Upon an application
filed by the plaintiff, it shall be returned to him forthwith and
without any delay by the trial Court.
3. R.Sivakumar will indicate the date and time when the
plaintiff Rajendran as well as Jeyantheeswari will come to the
Equitas Small Finance Bank, Theni Branch. They will deposit the
document-Ex.A1 in original with the Branch so as to facilitate
Mr.Sivakumar to raise the requisite funds.
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4. The said Bank will credit a sum of Rs.25,00,000/- in the
account of the plaintiff. Upon receipt of the sum of Rs.25,00,000/-,
the plaintiff Rajendran as well as D2/Jeyantheeswari shall execute
a deed of release relinquishing their shares in the suit property in
favour of R.Sivakumar immediately thereafter.
5. It is stated that it is the burden of Sivakumar / D1 to
vacate the tenants / otthidars from the suit property on his own.
Neither plaintiff Rajendran nor D2/Jeyantheeswari will have any
responsibility or any role in that regard.
3. The impugned Judgment is modified. The appeal suit is disposed of in
the above terms. No costs. Consequently, connected miscellaneous petition is
closed.
[G.R.S., J.] [M.J.R., J.]
28.03.2025
Index : Yes / No
Internet : Yes/ No
rmi
NOTE : Registry to return the original records to the court below immediately
without any delay.
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To:
1. The Principal District Judge, Theni.
2. The Branch Manager, Equitas Small Finance Bank, Theni.
Copy to:
The Record Keeper, V.R. Section,
Madurai Bench of Madras High Court, Madurai.
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G.R.SWAMINATHAN, J
and
M.JOTHIRAMAN, J.
rmi
28.03.2025
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