S.A.(MD).No.85 of 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 22.09.2023

PRONOUNCED ON: 13.12.2023

CORAM:

THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN

S.A.(MD)No.85 of 2017

and

CMP.(MD) Nos.1731 of 2017, 6067 of 2022, 2375 & 3691 of 2023

1. Krishnammal

2. Muthammal

... Appellants/Defendants 13 & 15

Vs.

1.Vanaraja Perumal

... 1^st Respondent / Plaintiff

2.S.Sankar

3.Mahaboob John

4.Iyyappan

5.Velmurugan

6.Boothathan

7.Siva Subramanian

8.Shanthanakumar

9.Pappammal

10.The Superintendent of Police,

Tirunelveli District Office at Palayamkottai,

Tirunelveli District,

Tirunelveli-2.

11.The Inspector of Police,

Vikramasingapuram Police Station,

Vikramasingapuram.

1/31

https://www.mhc.tn.gov.in/judis

S.A.(MD).No.85 of 2017

12.State of Tamil Nadu through its

District Collector,

Tirunelveli.

13.Subramania Pillai (died)

... Respondents/2^nd Appellant

14.Kandhasamy

15.S.Meenakshinathan

16.Ulagammal

... Proposed additional Respondents/Respondents

Prayer: Second Appeal filed under Section 100 of the Code of Civil

Procedure, against the judgment and decree made in A.S.No.23 of 2014

dated 23.02.2015 on the file of Principal District Court, Tirunelveli

confirming the judgment and decree dated 11.12.2013 made in O.S.No.44 of

2010 on the file of Sub Court, Ambasamudram.

For Appellants

: Mr.T.Arul

For Respondents : Mr.S.Parthasarathy

for Mr.K.Govindarajan for R1

Mr.A.Arumugam for R3

Mr.M.Senthil Ayyanar

Govt. Advocate for R10 to R12

No Appearance for R2, R4, R5,

R7 to R9 & R16

****

JUDGMENT

The appellants are the defendants 13 and 15, who are none other

than the legal heirs of the deceased first defendant. The first respondent

herein was the plaintiff before the Trial Court. The other respondents were

the defendants before the Trial Court.

2/31

https://www.mhc.tn.gov.in/judis

S.A.(MD).No.85 of 2017

2. For the sake of convenience, the parties will be referred to

according to their litigative status before the Trial Court.

3 (a). The brief facts, which give rise to the instant Second Appeal

is that; the plaintiff has purchased items 1 and 2 schedule properties from the

first defendant through two different registered Sale Deeds dated 07.12.2006

and 11.12.2006. The plaintiff further submits that in pursuance of the said

purchase, the Revenue records have been mutated in the name of the

plaintiff, and that the plaintiff has been paying the electricity charges and

other tax dues to the local bodies. According to the plaintiff, the first

defendant viz., the deceased Valliammal was an assertive woman and having

good health. Based upon her request, even after purchase the plaintiff

permitted her to reside in the suit property for a period of three months

without any rent. However, the first defendant requested the plaintiff further

time, and as on the date of filing of the suit, the first defendant was in the

possession and enjoyment of the suit property.

(b). The plaintiff further submits that the 8^th defendant is residing

in one of the house in the II Schedule property namely, the 5^th item. The 8^th

defendant, with an intention to grab the property of the first defendant, got a

Will executed in his name by the first defendant, thereby, bequeathing large

3/31

https://www.mhc.tn.gov.in/judis

S.A.(MD).No.85 of 2017

extent of Nanja land. In the meanwhile, taking averse with the sale made by

the first defendant, the 8^th defendant has hatched conspiracy against this

plaintiff by unduely influencing the first defendant. Thereby, they were

attempting to cut the trees stands in the schedule property.

(c) The plaintiff further submits that, with false and untenable plea,

the first defendant gave a police complaint to the 11^th defendant. Wherein, it

was complained by the first defendant that the plaintiff's sale deed are not

supported by consideration. Based upon the false complaint, the 11^th

defendant namely, the police have been compelli