2013 Supreme(Mad) 1649
High Court of Judicature at Madras
D. HARIPARANTHAMAN, J.
Rajasthani Jain Samaj Educational Trust Represented by its Managing Trustee
Versus
K. Rohini & Others
C.S. No. 231 of 2006
Decided on : 17-04-2013
For the Plaintiff:R. Thiagarajan for K. Ravindranath, Advocates.
For the Defendants:R1 – R4, R6, R7, R9 & R10, Set exparte, R8, K.V. Ananthakrishnan, Advocate.
Headnote:Civil Procedure Code, 1908, Section 47 – Plaintiff knew while purchasing property that it was a disputed one and it was ordered in favor of 8Th dependant. Plaintiff claimed his right to defendant 1 to 6 whereas property was bequeathed in favor of defendant 8. Plaintiff was hence not entitled to permanent injunction.
1. The plaintiff states that it is a Charitable Trust and that it is having educational institutions. The plaintiff purchased 58.33% share of the suit schedule property from the defendants 1 to 6, by a sale deed dated 29.04.2005, which is registered as document No.1944/2005, in the office of the Sub-Registrar, Kodambakkam, Chennai.
2. The defendants 1 to 5 are the legal-heirs of Late Tmt.Kausalya. Defendants 1 and 2 are the daughters, 3 and 4 are the sons and fifth defendant is the husband of Tmt.Kausalya. The sixth defendant is the son of Late Tmt.Suseela. Tmt.Kausalya and Tmt.Suseela are the daughters of Late Thiru Venkatesa Sarma.
3. The said Thiru.Venkatesa Sarma has 3 sons and 4 daughters. The sons are Thiru V.Subramanian (D8), Thiru V.Rajappa (D9) and Thiru M.V.Arunachalam (D10). The daughters are Tmt.Kausalya, Tmt.Suseela, Ms.Ramadevi and Tmt.Rajeswari. Ms.Ramadevi was a spinster. The seventh defendant is the husband of Late Tmt.Rajeswari. When the suit was filed, all the four daughters were not alive.
4. Thiru Venkatesa Sarma executed a will dated 11.05.1973 bequeathing his various properties to his children. Later, he executed a codicil dated 25.01.1974. In the codicil, he appointed his daughter Ms.Ramadevi as executrix of the will. Thiru Venkatesa Sarma died on 06.10.1978.
5. Ms.Ramadevi filed a petition in O.P.No.531/1980 before this Court for probate of the will and for grant of letters of administration, which was converted into T.O.S.No.34/1982. The TOS was decreed and probate was granted by this Court on 06.03.1985.
6. Subsequently, without administering the estate of Thiru Venkatesa Sarma fully, Ms.Ramadevi died on 02.09.1986.
7. The eighth defendant filed a petition in O.P.No.533/1986 before this Court to grant him letter of administration to administer the estate of his father Late. Venkatesa Sarma.
8. Thiru V.Rajappa, Thiru M.V.Arunachalam, Tmt. Kausalya, Tmt.Rajeswari and Thiru Govindarajan S/o. Tmt. Suseela filed a petition in O.P.No.399/1989 before this Court to grant them letters of administration to administer the estate of Late Ms.Ramadevi.
9. A common order dated 06.02.1991 was passed in O.P.Nos.533/1986 and 399/1989 and the eighth defendant was granted letter of administration to administer the estate of his father Late. Venkatesa Sarma. Tmt.Kausalya, Tmt.Rajeswari and Thiru Govindarajan (son of Late Tmt.Suseela), who are the female heirs of Late Venkatesa Sarma, were granted letters of administration to administer the estate of Ms.Ramadevi.
10. O.S.A.No.19/1992 preferred by the eighth defendant questioning the grant of letters of administration in favour of the daughters in respect of the estate of Late Ms.Ramadevi was rejected by a Division Bench of this Court on 07.02.1992 and the common order dated 06.02.1991 referred to above was confirmed.
11. In the meantime, Thiru Venkatesa Sarma, while he was alive, filed a suit in O.S.No.3461/1972 before the Vth Assistant Judge, City Civil Court, Chennai seeking to evict the defendants therein from the suit schedule property. Ms.Ramadevi proceeded with the suit as executrix of the will executed by Late. Venkatesa Sarma, after the demise of her father. The suit was dismissed on 12.03.1980.
12. The suit schedule property in the present suit is the same as that of the suit schedule property in O.S.No.3461/1972. The judgment debtors in O.S.No.3461/1972 were running a school in the suit schedule property.
13. The appeal preferred by Ms.Ramadevi in A.S.No.198/1981 was also dismissed by the IInd Additional Judge, City Civil Court, on 28.10.1981. The Second Appeal in S.A.No.809/1984 was allowed by this Court on 30.04.1998 and the suit in O.S.No.3461/1972 was decreed.
14. According to the plaintiff herein, Late. Venkatesa Sarma allotted the suit property to the eighth defendant in the will dated 11.05.1973 and that in the codicil dated 25.01.1974, the properties that were bequeathed to the eighth defendant stood revoked due to the condition in th