THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CS.No.591 of 2013
1. B.Rajakumari
2. AG.Soundararajan
3. Kalawathi Plaintiffs Vs
1. Primala
2. Deepak Kumar
3. Lavanya
4. Sivakumar
5. Ganesh
6. P.S.Deva Sagayam
7. Basheer
8. Nirmala
9. A.Hariharan
10. The Branch Manager, ING Vysya Bank Chennai-1
11. The Branch Manager, Syndicate Bank Chennai-1
12. Alwarsami 13.Lakshmi 14.Baskar
15. Muthulakshmi Defendants Prayer:- This Civil Suit is filed under Order VII Rule 1 of CPC read with Order II Rule 1 of the Original Side Rules for the reliefs as stated therein.
For Plaintiffs : Mr.D.Rajagopal For Defendants : Set Exparte-D1 to D11 Given up-D12 to D15 JUDGEMENT This civil suit had been filed, to pass a judgement and decree, against the Defendants:-
(a) for dividing the suit properties into four equal parts by metes and bounds and allotting 1/4th share to each of the Plaintiffs 1 to 3 and 1/4th share jointly to the Defendants 1 to 3.
(b) granting injunction, restraining the Defendants 4 and 5 from collecting the rents from the Defendants 6 to 9.
(c) granting injunction, restraining the Defendants 4 and 5 from dealing with bank accounts and locker in 10th and 11th Defendants Bank more fully set out as Schedule V and VI in the plaint.
(d) awarding costs.
2. The case of the Plaintiffs is as follows:-
a. One AT.Govindarajulu Naidu, who died on 7.8.1983 is the father of the Plaintiff and Mohanambal, who died on 4.4.1994, is their mother. They had three sons, namely, (1) AG.Padmanabhan, (2) AG.Santhanakrishnan and (3) AG.Soundararajan, who is the 2nd Plaintiff herein and two daughters, namely (1) Rajakumari, the 1st Plaintiff and (2) Kalavathy, the 3rd Plaintiff.
AG.Padmanabhan died on 15.7.210, leaving his widow P.Lakshmi, who died without any issues on 7.4.2013. AG.Santhanakrishnan died on 21.11.2004, leaving behind him his wife Primala, the 1st Defendant, a son Deepak, the 2nd Defendant and a daughter, Lavanya, the 3rd Defendant. AG.Padmanabhan had, under the registered sale deed dated 27.1.1999, purchased the item (I) of the suit properties, namely, undivided half share of the land and house, measuring 2520 sq.ft. with ground floor, I floor in S.No.1034 Part, Plot No.905, 37th Street, Korattur, Chennai-80, and the item (II) of the suit properties, namely, undivided half share of the land and house, measuring 2520 sq.ft. with ground floor, I floor, in S.No.1034, Plot No.905, 37th Street, Korattur, Chennai- 80, under the registered sale deed dated 27.1.1999, in the name of his wife, P.Lakshmi, out of his own funds. AG.Padmanabhan had also purchased the item (III) of the suit properties, namely, house and land, measuring 1035 sq.ft. in S.No.84, Plot No.12, No.104, Virugambakkam, Guindy Mambalam Taluk, under the registered sale deed dated 18.2.1987 in the name of his wife, P.Lakshmi.
b. AG.Padmanabhan had purchased out of his own funds in the name of his wife P.Lakshmi an undivided share in the land, measuring 354.82 sq.ft. out of total extent of 5631.32 sq.ft. in S.No.349/2A, S.No.349/2A/2 Part at Bajanai Koil Street, Padi Village, Saidapet Taluk under the registered sale deed dated 21.7.1997. AG.Padmanabhan had also constructed item (IV) of the suit properties, namely Flat No.E Block, No.III, Ground Floor, measuring 493 sq.ft. at No.1, Bajanai Koil Street, Officers Colony, Anna Nagar West Extension, Chennai-50. After the death of AG.Padmanabhan, the Items (I) to (IV) of the suit properties devolved on his wife P.Lakshmi, who died without any issues on 7.4.2013. The 4th Defendant is the sister's son of P.Lakshmi, the 5th Defendant is the brother's son of P.Lakshmi. The Defendants 6 to 8 are the tenants in respect of the portions mentioned in the item (III) of the suit properties. The 9th Defendant is also the tenant in respect of the items (I) and (II) of the suit properties. P.Lakshmi, till her life time, was receiving the rents. After her demise, the Defendants 4 and 5 started to collect the rents from the Defendants 6 to 9.
c. The deceased P.Lakshmi had savings bank account no.400010046933, having a sum of Rs.15,000/- and a locker in 10th Defendant Bank, which are mentioned in the item (V) of the suit properties and another savings bank account no.6001320125280 in the 11th Defendant Bank and a sum of Rs.15,000/- is lying in the said account, which are mentioned in the item (VI) of the suit properties. AG.Padmanabhan, after his marriage in 1978, left the joint family and was living separately. After the death of AG.Padmanabhan, his wife P.Lakshmi was living under the care of the 2nd Plaintiff, who performed last rites to P.Lakshmi on her death
d. Both AG.Padmanabhan and his wife P.Lakshmi died intestate and did not left any Will or testamentary documents with respect to suit properties. The Defendants 1 to 3 are the legal heirs of AG.Santhanakrishnan. The Plaintiffs 1 and 3 are the sisters of AG.Padmanabhan and the 2nd Plaintiff is the brother of AG.Padmanabhan. On the death of P.Lakshmi, as per Section 15(1)(b) of the Hindu Succession Act, 1956, the suit properties shall devolved upon the Plaintiffs and the Defendants 1 to 3. However, the Defendants 4 and 5 disputed the right of the Plaintiffs and also have been collecting the rents. The Defendants 4 and 5 have no right in the suit properties. The Plaintiffs had sent a notice dated 1.6.2013, calling upon the Defendants 4 and 5 not to collect the rents and a reply dated 12.6.2013 was sent by the 4th Defendant, containing false averments. The Defendants 1 to 3 representing one branch and being the heirs of AG.Santhanakrishnan are jointly entitled to 1/4th share in the suit properties and the Plaintiffs 1 to 3 are each entitled to 1/4th share in the suit properties. Since the Defendants 4 and 5 having no right in the suit properties, disputed the right of the Plaintiffs in the suit properties, this civil suit had been filed for the reliefs as stated above.
3. It is seen from the records that paper publication has been effected on the Defendants 1 to 3 and service had been completed on the Defendants 1 to 11. The Plaintiffs have given up the claim as against the Defendants 12 to 15. However, no written statement had been filed by the Defendants and hence, the matter was ordered to be listed under the caption of "Undefended Board". For non filing of the Written Statement, the Defendants 1 to 11 were set exparte and Exparte Evidence was ordered to be recorded by the order of this court dated 10.07.2017. The 2nd Plaintiff had filed the proof affidavit for his chief examination on behalf of the Plaintiffs and receipt of thirty sixteen documents as documentary evidence to prove the suit claim. In the Exparte Evidence, the 2nd Plaintiff had examined himself as PW.1 and marked Exs.P1 to P30 as documentary evidence.
4. Considering the oral and documentary evidence, viz. Ex.P1 to Ex.P30 adduced by PW.1, this Court is of the view that the plaintiffs have proved the suit claim. The Defendants 4 and 5 are restrained from collecting the rents from the Defendants 6 to 9 and dealing with bank accounts and locker in the 10th and 11th Defendants Bank more fully set out as Schedule V and VI in the plaint. The Plaintiffs 1 to 3 are entitled to 1/4th share each in the suit properties and accordingly, a preliminary decree for partition in favour of the Plaintiffs is granted, with costs. Without awaiting for an application for passing of a final decree, for the purpose of inspecting the suit property and to give a proposal for allotment of 1/4th share in the suit property to the Plaintiffs, by demarcating the suit property, Mr.U.Sriram, Advocate, E.No.1119 of 2011, Cell No.9840410549, is hereby appointed as the Advocate Commissioner and his initial remuneration is fixed at Rs.20,000/- (Rupees Twenty Thousand Only).
.08.2017 Index:Yes/No Web:Yes/No Srcm
1. List of Witnesses Examined on the side of the Plaintiffs:-
1. P.W.1 – A.G.Soundararjan
2. List of Exhibits Marked on the side of the Plaintiffs:-
1. Ex.P1 is the original sale deed executed by BR.Vanaja and others in favour of P.Lakshmi dated 27.1.1999.
2. Ex.P2 is the original sale deed executed by BR.Vanaja and others in favour of AG.Padmanabhan dated 27.1.1999.
3. Ex.P3 is the original sale deed executed by Ramraj in favour of P.Lakshmi, dated 18.2.1987.
4. Ex.P4 is the original sale deed executed by Rajashankar through Power of Attorney S.A.Krishnan in favour of P.Lakshmi, dated 21.7.1997.
5. Ex.P5 is the original possession letter by P.Lakshmi to M/s.Southern Shelter Limited, Chennai, dated 13.9.1997.
6. Ex.P6 is the copy of the legal notice issued by the Plaintiffs to the Defendants 4 to 9 dated 1.6.2013.
7. Ex.P7 is the copy of the legal notice issued by the Plaintiffs to the 10th Defendant dated 6.6.2013
8. Ex.P8 is the copy of the legal notice issued by the Plaintiffs to the 11th Defendant, dated 6.6.2013.
9. Ex.P9 is the original acknowledgement cards (5 nos.)
10. Ex.P10 is the original ration card of A.G.Padmanabhan for the period from 2005-2009.
11. Ex.P11 is the original voter identity card for A.G.Padmanabhan.
12. Ex.P12 is the original voter identity card of P.Lakshmi.
13. Ex.P13 is the copy of the legal heirship certificate of A.G.Padmanabhan.
14. Ex.P14 is the original death certificate of P.Lakshmi issued on 7.4.2013 by Billroth Hospitals.
15. Ex.P15 is the true copy of the legal heirship certificate of A.G.Sandanam, dated 21.12.2004.
16. Ex.P16 is the print out copy of death certificate of A.T.G.Mohanammal (mother of the Plaintiffs) issued on 20.4.2013.
17. Ex.P17 is the print out copy of the death certificate of A.T.Govindarajulu Naidu (Plaintiffs father) issued on 20.4.2013.
18. Ex.P18 is the legal heirship certificate of A.T.Govindarajuly Naidu, dated 23.4.1986.
19. Ex.P19 is the original burial ground report of death of P.Lakshmi issued by the Corporation of Chennai, dated 8.4.2013.
20. Ex.P20 is the print out copy of death certificate of A.G.Padmanabhan issued on 20.4.2013.
21. Ex.P21 is the print out copy of death certificate of P.Lakshmi, issued on 20.4.2013.
22. Ex.P22 is the original encumbrance certificate for Korattur property, dated 26.4.2013.
23. Ex.P23 is the copy of encumbrance certificate for Padi property dated 26.4.2013.
24. Ex.P24 is the original encumbrance certificate for Virugambakkam property, dated 22.4.2013.
25. Ex.P25 is the original encumbrance certificate for Korattur property, dated 22.4.2013.
26. Ex.P26 is the original list of burial expenses for the deceased Lakshmi.
27. Ex.P27 is the obsequies card of P.Lakshmi, dated 7.4.2013.
28. Ex.P28 is the copy of the police complaint dated 7.4.2013.
29. Ex.P29 is the original reply notice sent by the 4th Defendant counsel to the Plaintiffs counsel, dated 12.6.2013.
30. Ex.P30 is the copy of the LIC policy No.718927907 in the name of P.Lakshmi.
3. List of Witnesses Examined on the side of the defendants:- Nil
4. List of Exhibits Marked on the side of the defendants:-
Srcm Nil 16.08.2017 Note to Office:-
The amount deposited to the credit of the suit has to be withdrawn by the 2nd Plaintiff. The subsequent rents are to be collected by the 2nd Plaintiff until further orders. The locker has also to be opened by the 2nd Plaintiff. The original documents shall be returned to the counsel for the Plaintiffs on proper acknowledgement.
16.08.2017 adl/srcm C.V.KARTHIKEYAN, J.
Srcm Pre-Delivery Judgement in CS.No.591 of 2013 16.08.2017