Madras High Court
Hemalatha Ramachandran [Deceased vs M/S. The Modern Builders on 17 November, 2025
C.S. No.75 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.11.2025
CORAM :
THE HONOURABLE MR.JUSTICE P.DHANABAL
C.S. No.75 of 2023
1. Hemalatha Ramachandran [Deceased]
W/o. C.V. Ramachandran
2. Dharini M. Ramanathan
W/o. K.S. Mohan Ramanathan
[2nd Plaintiff is already on record and recorded as the
Legal heir of the deceased 1st Plaintiff as per the
order dated 07.10.2023 in memo dated 02.09.2025] … Plaintiffs
vs.
1. M/s. The Modern Builders,
No.1A, Ramarao Street, T.Nagar,
Chennai-600 017.
2. G. Krishnamurthy S/o. P. Ganesan
Add. Director of Company
12, Bakthavachalam Colony II Street, Vadapalani,
Chennai-600 026.
3. G.K. Thendral Kumarrishanamurthy S/o. G. Krishnamurthy
Add. Director of Company
12, Bakthavachalam Colony II Street, Vadapalani,
Chennai-600 026.
4. V. Umarrani W/o. M.C. Vaidhyalingam
Add. Director of Company,
Anna Malai University Campus,
Chidambaram – 608 002.
Page No.1
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
C.S. No.75 of 2023
[Defendants 2 to 4 brought on record
vide order dated 01.03.2024 in A. No.1119 of 2024] ... Defendants
PRAYER: The Suit is filed under Order IV Rule I of Original Side Rules
read with Order VII Rule 1 of Civil Procedure Code praying
(i) to declare that the Plaintiffs are lawful and absolute owners of the
Suit schedule property at No.1, 1st Street, Habibullah Road, T.Nagar,
Chennai-600 017;
(ii) to consequently grant a mandatory injunction, directing the
defendants to execute a Sale Deed in favour of the Plaintiffs;
(iii) to direct the defendants to pay the cost of the Suit.
For Plaintiffs : Mr. K. Venkat
For Defendants : D1 to D4 set exparte
JUDGMENT
This Suit has been filed by the Plaintiffs for the relieves of declaration
to declare that the Plaintiffs are the lawful and absolute owners of the Scuit
Schedule property and consequently to grant a mandatory injunction
directing the defendants to execute a Sale Deed in favour of the Plaintiffs and
for costs.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
2. The brief averments of the Plaint are as follows:-
The deceased 1st Plaintiff's husband and the 2nd Plaintiff's father namely
Late Mr. C.V. Ramachandran had approached the defendant for purchasing a
land and building and entered into an agreement for conveyance in respect of
Plot No.1A of Town Survey No.4816 which is part of Thiyagaraya Nagar,
Chennai-600 017. The 1st defendant developed the Suit schedule property
along with other property admeasuring 10 grounds and 45 sq. feet at
Habibullah Road, T.Nagar, Chennai which was originally belonging to
M.R.M.M.L. Muthupalaniappa Chettiar, whereby the original owner entered
into an agreement with the 1st defendant M/s. The Modern Builders on
14.09.1969. The husband of the 1st Plaintiff (deceased) and the father of the
2nd Plantiff namely Late Mr. C.V. Ramachandran had paid a sum of
Rs.1,03,798/- as total sale consideration for the land and building to the 1st
defendant and the 1st defendant also issued receipts for that and also handed
over the possession of the Schedule property on 11.11.1971. The 1st
defendant had developed and had converted the ten grounds and 45 sq.ft. of
land into 8 plots leaving sufficient space for 25feet private Road and the
Corporation of Madras had also approved the Layout No.103 of 1969. The
father of the 2nd Plaintiff namely Late Mr. C.V. Ramachandran made a
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
proposal to purchase one Plot constructed with building in Plot No.1A and
the defendant also accepted the proposal and fixed the total cost of land
including building at Rs.92,000/-, Stamp and Registration charges at
Rs.2,700/- and extra bills at Rs.11,716/- and totally Rs.1,06,416/- was paid.
The 1st defendant after receipt of entire consideration, handed over the
possession of the land and building in good condition on 11.11.1971. The
Plaintiffs are in possession and enjoyment of the property from 11.11.1971
till date.
2.1. After taking possession of the land, the father of the 2nd Plaintiff
had approached the defendant to execute Sale Deed and the 1st defendant
delayed the registration due to dispute between the Original owner and the
defendant. There was a Suit in O.S. No.4967 of 1973 pending before the
Assistant City Civil Court, Madras for recovery of Rs.49,337/-. The dispute
in the Suit was between the original owner and the 1st defendant. In the
above Suit, the father of the 2nd Plaintiff, namely Late Mr. C.V.
Ramachandran was also impleaded as one of the parties and he claimed that
he had paid a sum of Rs.1,03,798.60 towards the cost of the land and
buildings, fixtures, stamp duty and registration charges as early as on
11.11.1971. After receipt of notice from the City Civil Court, Madras, he
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
st
came to know that the 1 defendant had not paid the value of the land to the
original owner, but the 1st defendant had already handed over the possession
of the schedule mentioned property on 11.11.1971. In the above said Suit,
the City Civil Court observed that the 2nd Plaintiff's father had taken over the
legal possession of the land including building from the 1st defendant. The
2nd Plaintiff's father had clearly established his possession over the Plot
No.1A. He was the established owner of the Suit schedule property with
respect to the property in Plot No.1A. The father of the 2 nd Plaintiff paid all
the public dues related to the Suit schedule property like property tax, water
and sewerage tax and electricity bills etc., The father of the 2nd Plainitff
requested the 1st defendant to complete the registration, but the 1st defendant
had delayed the registration process. The 1st Plaintiff and her husband has
two children namely C.R. Dhilip and Dharini Ramachandran. The father of
the 2nd Plaintiff and the husband of the 1st Plaintiff died on 11.02.2005. The
brother of the 2nd Plaintiff and the son of the 1st Plaintiff namely C.R. Dhilip
also died as unmarried. The non-registration of the Schedule property was
known to the Plaintiffs only after 13.04.2020. Therefore, the Plaintiffs had
sent notice to the defendant on 21.02.2022, but the notice was returned.
Therefore, the Plaintiffs have filed the Suit.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
3. The defendants have not contested the Suit and they were set
exparte. In order to prove the case of the Plaintiffs, they examined PW1 and
marked Ex.P.1 to Ex.P.26.
4. The points for determination in the Suit are (i) whether the 2nd
Plaintiff is entitled to decree for declaration over the Suit schedule property
and (ii) whether the 2nd Plaintiff is entitled to decree for mandatory
injunction directing the defendants to execute Sale Deed in favour of the
2nd Plaintiff.
5. The learned counsel appearing for the Plaintiffs would submit that
the husband of the 1st Plaintiff and the father of the 2nd Plaintiff had
purchased the property from the 1st defendant, he paid a sum of Rs.1,03,798/-
and the possession was also handed over to the 2nd Plaintiff's father on
11.11.1971. The 1st defendant failed to execute the registered Sale Deed.
Thereafter, the father of the 2nd Plaintiff died on 11.02.2005. Therefore, the
property was managed by the 1st Plaintiff's son and the 2nd Plaintiff's brother
namely C.R. Dhilip and he also died unmarried on 30.01.2020. Thereafter,
the Plaintiffs came to know that the registration had not taken place in respect
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
of the property, the possession of which was already handed over by the 1 st
defendant on 11.11.1971 in favour of the father of the 2 nd Plaintiff, who is the
husband of the 1st Plaintiff. Therefore, the Plaintiffs issued a notice to the 1st
defendant on 21.02.2022, but the same was returned. Therefore, the
Plaintiffs filed the Suit seeking declaration declaring that the Suit property
belongs to the Plaintiffs and mandatory injunction to direct the defendants to
execute Sale Deed in favour of the Plaintiffs. In order to prove the case of
the Plaintiffs, they examined PW1 and marked Ex.P.1 to Ex.P.26. The
Plaintiffs' side witness has categorically deposed about the payments made by
the husband of the 1st Plaintiff and also produced receipts. Therefore, the
Plaintiffs have proved their case. The defendants did not contest the case.
Therefore, there is no contra evidence to rebut the Plaintiffs' side evidence.
Therefore, the 2nd Plaintiff is entitled to the relieves as prayed for in the
Plaint.
6. Heard both sides and perused the entire materials.
7. Answers to the points:
According to the Plaintiffs, the father of the 2nd Plaintiff and the
husband of the 1st Plaintiff (deceased) had purchased the Suit property from
the 1st defendant and he made payments on various dates and after payments
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
made, the possession of the property was handed over to the husband of the
1st Plaintiff and the father of the 2nd Plaintiff. Therefore, from 11.11.1971, the
Plaintiffs have been in possession and enjoyment of the property. In the
meantime, the Plaintiffs came to know that no registration has been taken
place and no property was registered in the name of the father of the 2 nd
Plaintiff. It is further contended by the Plaintiffs that the original property
belonged to one Mr. M.R.M.M.L. Muthupalaniappa Chettiar and he entered
into an agreement with the 1st defendant namely M/s. Modern Builders on
14.09.1969. There was a Suit pending between the 1st defendant and the
original owner of the property namely Mr. M.R.M.M.L. Muthupalaniappa
Chettiar and the said Suit was pending before the Assistant City Civil Court,
Madras in O.S. No.4967 of 1973 for recovery of money, where the 1 st
Plaintiff's husband namely late Mr. C.V. Ramachandran was also impleaded
as one of the parties and according to the Plaintiffs, the Court observed that
the 1st Plaintiff's husband was in possession and enjoyment of the property
and he is the owner of the property. The Plaintiffs have failed to produce any
documents for the execution of Sale Deed in favour of the 1st Plaintiff's
husband, who is the father of the 2nd Plaintiff. They produced only the
receipts.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
Ex.P.1 is the Original Receipt dated 05.101969 for the amount received by the 1 st
defendant namely M/s. The Modern Builders for Plot No.2-A.
Ex.P.2 is the Original Receipt dated 11.11.1969 for the payment of Rs.20,000/- paid by
Mr. C.V. Ramachandran to the 1st defendant for the Plot No.2-A.
Ex.P.3 is the letter dated 21.02.1970 sent by the 1st defendant to Mr. C.V. Ramachandran.
Ex.P.4 is the letter dated 02.04.1970 sent by the 1st defendant to Mr. C.V. Ramachandran.
Ex.P.5 is the letter dated 17.05.1970 written by Mr. C.V. Ramachandran to the 1 st
defendant M/s. Modern Builders.
Ex.P.6 is the original receipt dated 21.05.1970 for Rs.25,000/- paid by Mr. C.V.
Ramachandran to the 1st defendant M/s.Modern Builders for Plot No..1A
Ex.P.7 is the Original Receipt dated 09.12.1970 for Rs.5,000/- issued by the 1st defendant
in favour of Mr. C.V. Ramachandran for the payment with respect to Plot No.1A.
Ex.P.8 is the letter dated 08.01.1971 sent by the 1st defendant M/s. Modern Builders to
Mr. C.V. Ramachandran.
Ex.P.9 is the Original Receipt dated 10.01.1971 issued by the 1 st defendant in favour of
Mr. C.V. Ramachandran in respect of Plot No.IA.
Ex.P.10 is also a letter dated 29.03.1971 issued by the 1st defendant to Mr. C.V.
Ramachandran.
Ex.P.11 is the Original Receipt dated 08.04.1971 issued by the 1 st defendant M/s. Modern
Builders to Mr. C.V. Ramachandran for the payment in respect of Plot No.1A.
Ex.P.12 is the Original Receipt dated 12.08.1971 issued by the 1st defendant M/s.Modern
Builders in favour Mr. C.V. Ramachandran in respect of Plot No.2A.
Ex.P.13 is the Original Receipt dated 04.09.1971 issued by the 1st defendant M/s.Modern
Builders in favour Mr. C.V. Ramachandran in respect of Plot No.1A.
Ex.P.14 is the Original Receipt dated 11.11.1971 issued by the 1 st defendant M/s.Modern
Builders in favour Mr. C.V. Ramachandran in respect of Plot No.1A.
Ex.P.15 is the letter dated 11.11.1971 written by the 1st defendant M/s.Modern Builders to
Mr. C.V. Ramachandran.
Ex.P.16 is the certified copy of the judgment passed in O.S. No.4967 of 1973 dated
10.08.1979.
Ex.P.17 is the Death Certificate of Mr. C.V. Ramachandran.
Ex.P.18 is the Legal Heirship Certitificate dated 11.03.2005
Ex.P.19 is the Death Certificate of Mr. C.R. Dilip.
Ex.P.20 is the Legal Heirship Certificate of Mr. C.R. Dilip dated 20.12.2021.
Ex.P.21 is the Property Tax demand card along with receipt from the Greater Chennai
Corporation.
Ex.P.22 is the Water and Sewerage Tax-cum-Charges card along with receipt from the
Chennai Metropolitan Water Supply and Sewerage Board.
Ex.P.23 is the Electricity card.
Ex.P.24 and Ex.P.25 are the Aadhar cards of the Plaintiffs.
Ex.P.26 is the returned unserved postal cover.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
8. On a careful perusal of the above said documents Ex.P.1 to Ex.P.26,
it is clear that some payments were made by Late Mr. C.V. Ramachandran,
husband of the deceased 1st Plaintiff and the father of the 2nd Plaintiff in
respect of Plot Nos.1A and 2A. But the Plaintiffs themselves have admitted
that the original owner of the said properties is one Mr. M.R.M.M.L.
Muthupalaniappa Chettiar. But there is no any document to show that the
said Mr. M.R.M.M.L. Muthupalaniappa Chettiar had executed a deed in
favour of the 1st defendaant, in turn, the 1st defendant had executed any deed
in favour of Mr. C.V. Ramachandran, the husband of the 1st Plaintiff
(deceased) and the father of the 2nd Plaintiff. Mere receipts are not sufficient
to prove the same. Though the defendants have not appeared before the
Court, it is the duty of the Plaintiffs to prove their case. The Plaintiffs filed
the Suit for declaration in respect of the title of the property and they have to
prove the case independently through documents. Even according to the
Plaintiffs, the possession of the property was handed over to the father of the
2nd Plaintiff / husband of the 1st Plaintiff on 11.11.1971. Thereafter, the
husband of the 1st Plaintiff has not taken any steps to execute the Sale Deed
in his favour and he also died in the year 2005. There are no documents to
prove the purchase of the property by the said Late Mr. C.V. Ramachandran.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
Therefore, the Plaintiffs are not entitled to the relief of declaration.
9. As far as the relief of mandatory injunction is concerned, the father
of the 2nd Plaintiff and the husband of the 1st Plaintiff himself, during his life
time, has made payments in the year 1971. Thereafter, the father of the 2nd
Plaintiff has not taken any steps to execute the Sale Deed in his favour. Now,
the Plaintiffs, have filed this Suit after 50 years without any title deeds,
thereby the 2nd Plaintiff is not entitled to mandatory injunction to execute the
Sale Deed. In all the receipts exhibited, there is no mention about the Survey
Number and other particulars of the property. Therefore, without any
sufficient records, the Plaintiffs are not entitled to any relief through this Suit.
10. In the result, the Suit is dismissed. There shall be no order as to
costs.
....11.2025
Index : Yes/No
Speaking Order : Yes/No
mjs
APPENDIX:
List of Plaintiff side Witnesses:
PW1 : Mrs. Hemalatha Ramachandran
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
List of Plaintiff side Documents:
Exhibit Date Description of Documents
No.
Ex.P.1 05.10.1969. Original Receipt for the amount received
by the 1st defendant namely M/s. The
Modern Builders for Plot No.2-A
Ex.P.2 11.11.1969 Original Receipt for the payment of
Rs.20,000/- paid by Mr. C.V.
st
Ramachandran to the 1 defendant for the
Plot No.2-A.
Ex.P.3 21.02.1970 letter sent by the 1st defendant to Mr. C.V.
Ramachandran.
Ex.P.4 02.04.1970 letter sent by the 1st defendant to Mr. C.V.
Ramachandran.
Ex.P.5 17.05.1970 Letter written by Mr. C.V. Ramachandran
to the 1st defendant M/s. Modern Builders.
Ex.P.6 21.05.1970 Original receipt for Rs.25,000/- paid by
Mr. C.V. Ramachandran to the 1st
defendant M/s.Modern Builders for Plot
No..1A
Ex.P.7 09.12.1970 Original Receipt for Rs.5,000/- issued by
the 1st defendant in favour of Mr. C.V.
Ramachandran for the payment with
respect to Plot No.1A.
Ex.P.8. 08.01.1971 Letter sent by the 1st defendant M/s.
Modern Builders to Mr. C.V.
Ramachandran.
Ex.P.9. 10.01.1971 Original Receipt issued by the 1st
defendant in favour of Mr. C.V.
Ramachandran in respect of Plot No.IA.
Ex.P.10 29.03.1971 letter issued by the 1st defendant to Mr.
C.V. Ramachandran.
Ex.P.11 08.04.1971 Original Receipt issued by the 1st
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
defendant M/s. Modern Builders to Mr.
C.V. Ramachandran for the payment in
respect of Plot No.1A.
Ex.P.12 12.08.1971 Original Receipt issued by the 1st
defendant M/s.Modern Builders in favour
Mr. C.V. Ramachandran in respect of Plot
No.2A.
Ex.P.13 04.09.1971 Original Receipt issued by the 1st
defendant M/s.Modern Builders in favour
Mr. C.V. Ramachandran in respect of Plot
No.1A.
Ex.P.14 11.11.1971 Original Receipt issued by the 1st
defendant M/s.Modern Builders in favour
Mr. C.V. Ramachandran in respect of Plot
No.1A.
Ex.P.15 11.11.1971 letter dated written by the 1st defendant
M/s.Modern Builders to Mr. C.V.
Ramachandran.
Ex.P.16 - Certified copy of the judgment passed in
O.S. No.4967 of 1973 dated 10.08.1979.
Ex.P.17 Death Certificate of Mr. C.V.
Ramachandran.
Ex.P.18 11.03.2005 Legal Heirship Certitificate
Ex.P.19 - Death Certificate of Mr. C.R. Dilip.
Ex.P.20 20.12.2021 Legal Heirship Certificate of Mr. C.R.
Dilip dated
Ex.P.21 - Property Tax demand card along with
receipt from the Greater Chennai
Corporation.
Ex.P.22 - Water and Sewerage Tax-cum-Charges
card along with receipt from the Chennai
Metropolitan Water Supply and Sewerage
Board.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
Ex.P.23 Electricity card.
Ex.P.24 - Aadhar Card of the 1st Plaintiff.
Ex.P.25 - Aadhar card of the 2nd Plaintiff.
Ex.P.26 - Returned unserved postal cover.
17.11.2025
To
The Sub-Assistant Registrar (Original side),
High Court, Madras.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
P.DHANABAL.,J
mjs
17.11 .2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/11/2025 08:45:32 pm )
