C.S.No.48 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment Reserved on : 07.08.2023

Judgment Pronounced on : 09.10.2023

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA

C.S.No.48 of 2018

1.C.Krishnaveni Ammal

2.K.Chelliah Nadar

....

Plaintiffs

Vs.

1.K.Palraj

2.K.Dhanasekaran

3.N.Murugeswari

4.J.Chandra

5.K.Srinivasan

6.V.Kamala

7.K.Ramesh

8.J.Jayalakshmi @ Tamilselvi

9.Kaleeswari @ Kavitha

10.Kamesh

....

Defendants

Prayer : Civil Suit filed under Order IV & Rule 1 of the O.S.Rules 1956 read

with Order VII Rule 1 of Civil Procedure Code 1908 praying for a judgment

and decree against the defendants:

(1) To pass a preliminary decree for the plaintiffs 10/18^th share in

1/24

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

C.S.No.48 of 2018

the suit schedule property.

(2) To appoint an Advocate Commissioner to suggest a mode of

division of the Suit Schedule Property for plaintiffs 10/18^th

share and put the plaintiffs in possession of a separate 10/18^th

share in the suit schedule property.

(3)To award cost of the suit.

For Plaintiff

: Mr.N.K.Vanan

for Mr.K.R.Ramesh Kumar

For Defendants

: Mr.M.Venkatramana

for Sugumar R.Rajulu

JUDGMENT

This Civil Suit has been filed for seeking the relief to pass a

preliminary decree for the plaintiffs 10/18^th share in the Suit Schedule property

and to appoint an Advocate Commissioner to suggest a mode of division of the

Suit Schedule Property for plaintiffs 10/18^th share and make the plaintiffs in

possession of a separate 10/18^th share in the Suit Schedule property.

2. The brief averments of the plaint are as under:

The plaintiffs are husband and wife. Defendants 1 to 7 and the 2^nd

plaintiff are children of one Parameswari Ammal and Kalasami Nadar.

2/24

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

C.S.No.48 of 2018

Defendants 8 to 10 are the wife and children of K.Jothi, who is the predeceased

son of Parameswari Ammal. The suit property is a piece of land with an extent

of 4157 sq.ft., comprised in Old survey No.1158, CC.No.1825, R.S.No.2730/1

(part), New R.S.No.2730/19 as per patta), Tondiarpet Village, Fort-Tondiarpet

Taluk, together with a superstructure thereon, which is fully described in the

schedule belonged to the 1^st plaintiff and the mother of the 2^nd plaintiff namely

Parameswari Ammal. The lease hold rights in the land and the superstructure

were jointly sold by the legal heirs of one A.S.Kanniappan Nadar in favour of

the 1^st plaintiff one Parameswari Ammal by virtue of a sale deed dated

08.01.1981. The recitals of the sale deed would show that the 1^st plaintiff had

paid the entire sale consideration and the 2^nd plaintiff's mother who was not an

earning member. The original owner of the site of the suit property sold their

rights in the lands to the 1^st plaintiff one Parameswari Ammal vide sale deed

dated 07.01.1981. It was the 2^nd plaintiff who had paid the entire sale

consideration.

2.1. The 2^nd plaintiff was working as an accountancy consultant and

he has good reputation. He has also won a sum of Rs.1,00,000/-[ Rupees one

3/24

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

C.S.No.48 of 2018

lakh only] in a raffle conducted by the government. Since the said amount was

spent for family expenses, he borrowed a sum of Rs.41,000/-[ Rupees forty one

thousand only] from Nataraja Nadar by mortgaging the suit property by virtue

of a mortgage deed dated 08.01.1981. As against the mortgaged property, the

mortgagors do not have any right, title or interest over the suit property. The 2^nd

plaintiff has also availed hand loans for conducting marriages of his brothers.

Since the hand loans got accumulated he availed another mortgage loan of

Rs.30,000/-[ Rupees thirty thousand only] by virtue of a mortgage deed dated

15.07.1985. The said mortgage was executed by the plaintiffs along with the

parents and brothers of the 2^nd plaintiff.

2.2. The mortgage loan was duly discharged by the 2^nd plaintiff on

16.02.1991. The son of Na