Madras High Court
/ vs M.Ayyavu (Died) ...1St on 8 July, 2021
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
S.A.No.126 of 2000
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
S.A No.126 of 2000
and
CMP(MD)Nos.3078 & 5189 of 2021
Mrs.Etna Chandrasekaran
W/o.Chandrasekaran ...2nd defendant / 3rd respondent
/ appellant
vs.
1.M.Ayyavu (died) ...1st defendant / appellant / 1st respondent
2.District Harijan Welfare Officer,
Thanjavur.
... Plaintiff / 1st respondent / 2nd respondent
PRAYER: Second Appeal filed under Section 100 of the Civil
Procedure Code, against the judgment and decree of the leanred
Subordinate Judge, Thanjavur, dated 24.06.1998 made in A.S.No.
4 of 1996 reversing the judgment and decree dated 26.09.1990
made in O.S No.401 of 1984 on the file of the District Munsif
Court, Pattukottai.
in S.A No.126 of 2000 : -
For Appellant : Mr.H.Lakshmi Shankar
for Mr.AN.Ramanathan
For R1 : Mr.G.Prabhu Rajadurai
For R2 : given up
https://www.mhc.tn.gov.in/judis/
1/14
S.A.No.126 of 2000
in CMP(MD)No.5189 of 2021 : -
For Petitioner : Mr.S.M.S.Jinnah
For Respondents : Mr.H.Lakshmi Shankar
for Mr.A.N.Ramanathan for R1
: Mr.G.Prabhu Rajadurai for R2
: Mr.R.Ragavendran for R3
Government Advocate
in CMP(MD)No.3078 of 2021 : -
For Petitioner : Mr.S.Meenakshi Sundaram
Senior Counsel for Mr.A.Srinivasan
For Respondents : Mr.H.Lakshmi Shankar
for Mr.A.N.Ramanathan for R1
: Mr.G.Prabhu Rajadurai for R2
: Mr.R.Ragavendran for R3
Government Advocate
JUDGMENT
This appeal arises out of an interpleader suit. The suit property was leased out in favour of the plaintiff, a Government Department. It was occupying the suit property from 03.06.1976 till 15.10.1978. Since the defendants in the suit, namely, M.Ayyavu and Chandrasekharan raised rival claims, the Department was not sure to whom they should pay the rental arrears. After filing https://www.mhc.tn.gov.in/judis/ 2/14 S.A.No.126 of 2000 the suit, the rental arrears were deposited. The trial court decreed that Ayyavu is not entitled to withdraw the same and that the second defendant (Chandrasekharan) was entitled to withdraw the same. Thiru.M.Ayyavu filed A.S No.4 of 1996 before the Sub Court, Thanjavur. By judgment and decree dated 24.06.1998, the appeal was allowed and it was decreed that it was Ayyavu who was the owner of the premises and not Thiru.Chandrasekharan. Thiru.Chandrasekharan passed away during the pendency of the first appeal and his wife Etna Chandrasekharan had come on record. Challenging the said decision, this Second Appeal has been filed by Etna Chandrasekharan.
2.In SA No.1498 of 1999, I had held that the property belonged to Rev.Paul Sandegren and that the title had not passed in favour of Kremmer Sandegren Foundation, Pattukottai. The property had now been purchased by one T.Thirugnanam. Ayyavu had also passed away. There are as many as three claimants to represent the Foundation. In the interpleader suit, the Department named only Ayyavu and Chandrasekharan. The Foundation does not figure as a defendant. In view of the judgment and decree made in SA No.1498 of 1999 rejecting the claim of the Foundation that they are the owner of the property, the impugned judgment and decree passed by the first appellate https://www.mhc.tn.gov.in/judis/ 3/14 S.A.No.126 of 2000 court is set aside. No further orders are necessary. The second appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
08.07.2021
Internet : Yes/No
Index : Yes/No
skm
To
1.The Subordinate Judge, Thanjavur.
2.The District Munsif Court, Pattukottai.
copy to :
The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/ 4/14 S.A.No.126 of 2000 G.R.SWAMINATHAN, J.
skm Judgment made in S.A No. 126 of 2000 08.07.2021 https://www.mhc.tn.gov.in/judis/ 5/14