Madras High Court
Smt. Sirisha.S vs Mr.N.Venkatesh on 20 June, 2018
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.06.2018 CORAM: THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR C.S.No.13 of 2018 Smt. Sirisha.S W/o.Sumal Talwar ... Plaintiff ..Vs.. 1.Mr.N.Venkatesh 2.Mrs.V.Anuradha 3.M.V.Gomathi 4.Mr.V.Yuvaraj ... Defendants Plaint filed Under Order IV Rule 1 of O.S. Rules and Order VII, Rule 1 of C.P.C praying to pass a judgement and decree:- a) Directing the defendants to quit and deliver the vacant possession of the Schedule C mentioned property; b) Directing the defendants jointly and severally to pay damages of Rs.50,000/- per month from 01.12.2014 to 31.11.2017 valued at Rs.18,00,000/- and also future damages for the wrongful and illegal usage of the schedule C of the suit schedule property from the 01.12.2017 till the delivery of vacant possession; c)Directing the defendants jointly and severally to pay a sum of Rs.10,00,000/- for causing mental agony and humiliations to the plaintiffs; and d)To grant cost of the suit. For Plaintiffs : Mr.S.D.Srikanth Varma For Defendants : No appearance ***** JUDGEMENT
The suit is filed for the following relief:
a) Directing the defendants to quit and deliver the vacant possession of the Schedule C mentioned property;
b) Directing the defendants jointly and severally to pay damages of Rs.50,000/- per month from 01.12.2014 to 31.11.2017 valued at Rs.18,00,000/- and also future damages for the wrongful and illegal usage of the schedule C of the suit schedule property from the 01.12.2017 till the delivery of vacant possession;
c) Directing the defendants jointly and severally to pay a sum of Rs.10,00,000/- for causing mental agony and humiliations to the plaintiffs; and
d) To grant cost of the suit.
2. The case of the plaintiff is as follows:
The plaintiff has inherited the suit property from his grand father D.V.Narasaraju. The defendants, who are originally appointed as watchmen and maids for working in the plaintiff's mother's house occupied the suit property. Despite several requests to vacate the property, the defendants failed to vacate. Hence, the present suit has been filed with the aforesaid prayer.
3. Though the defendants were served on 23.01.2018, they did not appear or filed a written statement. Hence, the matter was directed to be listed before the Additional Master III on 27.04.2018 for recording evidence. P.W.1 appeared before the Additional Master and filed proof affidavit. Her evidence was recorded and marked Ex.P1 to Ex.P15. In her evidence, she has narrated that the manner in which the property inherited by her and how the defendants occupied the possession of the properties. Initially, the chief examination of the plaintiff remained un-challenged. Further, to prove the ownership of the property, the sale deed dated 15.10.1978 and 20.06.1980 is also filed. The legal heir certificate also filed would show that the plaintiff alone has absolute right in respect of the suit property. A copy of the property tax, Water Supply and Sewerage Tax receipt and Electricity Bill were also filed to prove that the plaintiff is in possession of the suit property. These documents are not denied having regard to the above evidence and the documents which remained unchallenged. The plaintiff established her claim.
4. Therefore, I am of the view that the plaintiff has established her case and is entitled to the relief sought in the suit and the suit is decreed as prayed for with costs of the plaintiff.
5. The defendant shall handover the land within two months from the date of decree failing which they shall be liable to pay damages at Rs.15,000/- p.m., from the date of 01.12.2014 till the date of vacation of suit property.
20.06.2018 Index: Yes/No Internet:Yes/No Speaking Order/Non-speaking Order rm To The Sub-Assistant Registrar, High Court, Madras.
List of the witnesses examined on the side of the plaintiff:
P.W.1 Sirisha S List of Exhibits marked on the side of the plaintiff:
Sl.
No. Date Description Exhibit 1 15.10.1978 Certified copy of sale deed executed by Mr.Alavander and other to and in favour of Mr.D.V.Narasaraju.
P.1 2 26.06.1980 Certified copy of sale deed executed by Mr.D.V.Narasaraju to and in favour of Mr.K.Raman. P.2 3 Photocopies of the orders passed by Hon'ble City Civil Court at Chennai in O.P.No.673 of 1992. P.3 4 28.02.2005 Computer Gernerated copy of Death Certificate of Mr.D.Rajkumar.
P.4 5 28.08.2006 Computer generated copy of Death Certificate of Mr.D.V.Narasaraju. P.5 6 13.05.2008 Computer generated copy of Death Certificate of Mrs. Kavitha. P.6 7 06.11.2009 Certified copy of orders passed by Hon'ble City Civil Court, Hyderabad in O.S.No.3389 of 2009. P.7 8 03.03.2014 Photocopy of plaint filed in the suit filed by the defendants in O.S.No.1550 of 2014. P.8 9 16.11.2017 Computer generated copy of CMWSSB Tax receipts in the name of the plaintiff. P.9 10 30.07.2017 Computer generated copy of property tax demand card and receipts in respect of the schedule mentioned property in the name of the plaintiff. P.10 11 30.07.2017 Computer generated copy of electricity bills in respect of the schedule mentioned property in the name of the plaintiff. P.11 12 12.03.2014 Xerox copy of CSR issued by the Inspector of Police, E3, Nandhanam Police Station, Chennai.
P.12 13 29.06.2017 Certified copy of decree & judgment passed by the Hon'ble City Civil Court, Chennai in O.S.No.1550 of 2014. P.13 14 01.01.1978 to 03.10.2017 True copy of Encumbrance Certificate for the period of 01.01.1978 to 03.10.2017. P.14 15 Original photographs of the suit schedule mentioned property. P.15 List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil 20.06.2018 rm N.SATHISH KUMAR,J., rm C.S.No.13 of 2018 20.06.2018