SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2009 Supreme(Mad) 3848

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. PALANIVELU
G. Panneerselvam
Versus
Ayyannan & Others
S.A.Nos.1237 of 2006 and M.P.Nos.1 of 2006 and 1 & 2 of 2007, S.A.Nos.1238 and 1239 of 2006 & M.P.Nos.1 and 2 of 2007, S.A.No.1274 of 2006 and M.P.Nos.1 of 2006 and 1 & 2 of 2007 & S.A.Nos.1275 and 1276 of 2006 and M.P.Nos.1 & 2 of 2007
Decided On : 18-09-2009

Advocates Appeared:
For the Appellants :R. Viduthalai Senior Counsel for L.N. Pragasam, Advocate.
For the Respondents:K.M. Vijayan Senior Counsel, S.V. Jayaraman Senior Counsel for V. Srinivasan, Advocate.

Headnote:

ADOPTION - SETTLEMENT - WILL - VALIDITY - CONSENT - SUBSTANTIAL QUESTION OF LAW - JURISDICTION OF HIGH COURT - SECTION 100 C.P.C. - INTERPRETATION OF DOCUMENTS - CONCURRENT FINDINGS OF FACT - INTERFERENCE BY HIGH COURT.

Fact of the Case:

The suit properties originally belonged to one Subramania Chettiar. He had two wives. Rengayya Chettiar is his son through first wife and Venkataraman Chettiar is son of second wife. On 16.05.1955, Subramania Chettiar effected a partition among the sons and both the sons got their properties separately. Janaki Ammal was first wife of Rengaiyya Chettiar. They had a daughter by name Amsaveni who was insane since birth. The second wife is Padmalochani. She had no issues. Muniammal was servant maid in the house of Rengayya Chettiar with whom he developed intimacy and were living as husband and wife. Hence there was friction in the relationship of Rengayya Chettiar and Padmalochani which led her to file cases in O.S.No.133 of 1980 and O.S.No.139 of 1980, suits for maintenance for herself and Amsaveni respectively. A.B. Gopalan is brother of Padmalochani, who was managing the properties of Rengayya Chettiar. Venkatarama Chettiar was residing in Salem, Dr. Ramanathan Street. His son is V.Sekar and grandson is Krishnan the plaintiff.

Finding of the Court:

1. The adoption deed Ex.A.34 is valid and Padmalochani offered her consent for the adoption. 2. The settlement deed Ex.A.33 in favour of Krishnan is valid and it was given effect to. 3. The Will Ex.A-35 was executed by Rengayya Chettiar in sound disposing state of mind and it is valid. The later Will Ex.B. 27 dated 20.12.1982 is not proved.

Issues: 1. Whether the adoption dated 30.01.1980 under Ex.A-34 is valid? Whether Padmalochani offered consent for the adoption and if it is not so, whether the adoption is hit by Section 7 of the Hindu Adoption and Maintenance Act 1956? 2. Whether the settlement dated 21. 1980 under Ex.A-33 in fvaour of Krishnan is valid and whether it was given effect to? 3. Whether the Will dated 11. 1980 under Ex.A-35 was executed by Rengayya Chettiar in sound disposing state of mind and it is valid? What is the effect of later Will Ex.B. 27 dated 20.12.1982?

Ratio Decidendi: 1. The adoption deed Ex.A.34 is valid and Padmalochani offered her consent for the adoption. 2. The settlement deed Ex.A.33 in favour of Krishnan is valid and it was given effect to. 3. The Will Ex.A-35 was executed by Rengayya Chettiar in sound disposing state of mind and it is valid. The later Will Ex.B. 27 dated 20.12.1982 is not proved.

Final Decision: All six Second Appeals are dismissed. No costs. All connected M.Ps are also dismissed.

Judgment :-

1. The following are the gist of the pleadings of the plaintiff in O.S.No.792 of 1993 who is defendant in all other suits:-

1.(a) The properties covered by the suits are coffee estate lands sprawling to an extent of 48.76 Acres situated in Mundagambadi village in Yercaud Taluk, a house and Rice mill with godown in Kannankurichi, Salem. They originally belonged to one Rengayya Chettiar, who is elder brother of Venkatarama Chettiar who is paternal grandfather of the plaintiff. At the time of filing of the suit the plaintiff Krishnan was 14 years of age. He was declared as major on 7. 2000 by order passed in I.A.No.381 of 2000.

1.(b) Rengayya Chettiar had two wives. First wife is one Janaki Ammal through whom he had one daughter by name Amsaveni who was insane from birth. After the death of Janaki Ammal, he married the first defendant Padmavathi @ Padmalochini (hereinafter referred to as Padmalochini). She had no issues. She did not live with her husband and she filed suit for maintenance and got decree in her favour. Rengayya Chettiar preferred two appeals in A.S.No.684 of 1992 and A.S.No.718 of 1981. Pending hearing of the appeals, he died on 212. 1982. While he was hale and healthy, he executed a Registered Will on 14.01.1980, bequeathing all his properties to the plaintiff by appointing one V. Sekar, father of the plaintiff as testamentary guardian to administer the estates till the minor attained majority. On 21. 1980, he also settled the properties in favour of the plaintiff by means of a registered settlement deed. Since he was very old aged 82 years, having no male issues, he adopted the plaintiff on 30.01.1980 by performing "Dathahomam" for adoption in the presence of elders. At that time Padmalochani was also present. Subsequently an adoption deed was also written and registered.

1.(c) After the demise of Rengayya Chettiar, plaintiff Krishnan filed applications in the appeals to implead him as party before the High Court Madras and the High Court directed the court below to hold an enquiry as to whether the plaintiff alone was legal representative to the deceased. Padamalochani received two lakhs from the next friend of the minor plaintiff then and gave it in writing that she did not have any interest in his properties. She has also accepted therein that the deeds in favour of minor plaintiff were valid. Because of her voluntary statement, the Court also decided that the plaintiff is the legal representative of the deceased. After the settlement, the plaintiff got the properties and had been enjoying through his father and next friend V. Sekar. Patta was changed to his name and he has been paying the land revenue also.

1 (d). As regards the settlement executed by Rengayya Chettiar, he paid a sum of Rs.72,000/- as gift tax to the Income Tax Department. It was paid through his auditor one Sundaram. During second week of October 1993, it was given out that Padmalochani sold the properties to 3 to 16 defendants with the assistance of the second defendant. The said sales do not affect the rights of the plaintiff. The plaintiff alone has been in possession and enjoyment of the properties, defendants could not get any patta from the revenue department. Hence, suit has been filed for declaration and permanent injunction.

2. The following are succinct allegations of defence contained in the written statement and the plaints filed by Padmalochani:-

2.(a) It is false to state that on 11. 1980, Rengayya Chettiar executed a will in favour of the plaintiff. It is equally incorrect to state that on 21. 1980 he settled the properties in favour of the plaintiff. It is not admitted that on 30.1.1990 Regayya Chettiar adopted plaintiff and she was also present at the time of adoption. She was not informed by her advocate Mr. P.T. Duraisamy while the enquiry was held and the plaintiff was declared as legal representative of the deceased Rengayya Chettiar. Only after the receipt of summons in O.S.No.792 of 1993 she came to know th






























































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top