Dismissed

Sri Agastheeswaran Sri v. P T Srinivasan - Died

Madras HC5 Apr 2023SA/687/1997

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras disposed of two civil appeals (S.A.No.687 of 1997 and C.M.A.No.1859 of 2012) filed by a Devasthanam regarding tenancy and ejectment suits. Having ascertained that possession of the property was taken prior to the hearing, the Court held the appeals to be infructuous.

What did the court decide?

Both appeals dismissed as infructuous. No costs awarded. Connected miscellaneous petitions closed.

Sri Agastheeswaran Sri Vs P T Srinivasan - Died — Property and Title | Madras HC (2023)

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S.A.No.687 of 1997 and C.M.A.No.1859 of 2012

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 05.04.2023

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CORAM

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THE HON'BLE MR. JUSTICE V.LAKSHMINARAYANAN

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S.A.No.687 of 1997 and C.M.A.No.1859 of 2012 and

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C.M.P.Nos.7296 of 1997, 903 of 2020 and 4357 of 2017

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S.A.No.687 of 1997:

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Sri Agastheeswarar Sri Prasana Venkatesa Perumal Devasthanam, represented by its Hereditary Trustee, *R.Radhakrishnan and R.Kalyanaraghavan (*Substituted vide order of the Court dated 28.01.2020 made in C.M.P.No.1311 of 2020 in S.A.No.687 of 1997) ... Appellant

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Vs.

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P.T.Srinivasan (Died)

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2.R.Vijayalakshmi 3.P.T.S.Thiagarajan (Died) 4.P.T.S.Ramesh

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(R2 to R4 brought on record

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as LRs of the deceased sole respondent vide order of the Court dated 16.11.2018

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

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S.A.No.687 of 1997 and C.M.A.No.1859 of 2012

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made in C.M.P.No.14179 of 2003 in S.A.No.687 of 1997 (SMSJ))

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5.Mohana 6.T.Srivatsan 7.T.Harshavarthan 8.T.Kaviya

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(R5 to R8 brought on record as LRs of the deceased 3rd respondent vide order of the Court dated 03.03.2020 made in C.M.P.No.903, 906 and 908 of 2020 in S.A.No.687 of 1997 (NSSJ))

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... Respondents

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PRAYER: Second Appeal filed under Section 100 of the Civil Procedure Code against the Judgment and Decree dated 20.06.1996 rendered in A.S.No.180 of 1995 on the file of the III Addl. City Civil Judge, Madras, confirming the Judgment and Decree dated 24.01.1995 rendered in O.S.No.3130 of 1990 on the file of the I Assistant City Civil Judge at Madras.

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For Appellant : Mr.Elizabeth Ravi

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For Respondents : R1 - Died

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Mr.V.G.Suresh Kumar For R2

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R3 - Died - Steps taken R4 - Not Ready in Notice

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Mr.T.S.Rajamohan for R5 to R8

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

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S.A.No.687 of 1997 and C.M.A.No.1859 of 2012

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C.M.A.No.1859 of 2012:

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Sri Agastheeswarar Sri Prasanna Venkatesa Perumal Devasthanam, Represented by its Hereditary Trustees, R.Kalyanaraghavan and R.Radhakrishnan (Substituting the Assistant Commissioner, H.R. & C.E., Chennai - 34, at No.34, North Mada Street, Nungambakkam, Chennai - 600 034.

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... Appellant

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Vs.

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P.T.S.Thiagarajan 2.P.T.S.Ramesh 3.K.Vijayalakshmi Ravikumar

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4.Major.Rakeshkumar

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(4th respondent declared as major and discharged Guardianship from R3 K.Vijayalakshmi Ravikumar vide order of Court Dt:04.08.2017 by NSSJ made in C.M.P.No.5177 of 2017 in C.M.A.No.1859 of 2012 ... Respondents

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PRAYER: Civil Miscellaneous Appeal filed under Order XLIII Rule 1 (u) of the Civil Procedure Code against the order of remand dated 23.12.2011 passed in A.S.No.109 of 2008 on the file of the VII Additional Judge, City

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

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S.A.No.687 of 1997 and C.M.A.No.1859 of 2012

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Civil Court at Chennai, by setting aside the Judgment and Decree dated 17.12.2007 rendered in O.S.No.7226 of 1985 on the file of the I Assistant Judge, City Civil Court at Chennai.

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For Appellant : Mr.A.V.Arun For Respondents : Mr.V.G.Suresh Kumar For R1 and R3 R2 - Not Ready in Notice R4 - Not Ready in Notice

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COMMON JUDGMENT

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Learned counsel for the Appellant in C.M.A.No.1859 of 2012 has filed a Memo stating that pursuant to the order of the Joint Commissioner, HR & CE dated 16.12.2020, possession was taken on 22.01.2021. O.S.No.3130 of 1990 had been filed for fixation of fair rent and O.S.No.7226 of 1985 had been filed for ejectment of the tenant. When possession having been handed over, nothing remains to be adjudicated by this Court in either of the Appeals.

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S.A.No.687 of 1997 and C.M.A.No.1859 of 2012

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Learned counsel for the Appellant would raise a plea that the possession having been taken from the respondents, while letting the property to any other person, they must not claim the same at the rate at which the original respondent / P.T.S.Thiagarajan had taken the same. It is always open to the Appellant to negotiate and fix the fair rent for the property at the time of leasing it out to any third party.

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In the result, both the Appeals are dismissed as infructuous. No

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Costs. Consequently, the connected Miscellaneous Petitions are closed.

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05.04.2023

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Index : Yes/No Speaking Order : Yes / No Neutral Citation Case: Yes / No ab

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

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S.A.No.687 of 1997 and C.M.A.No.1859 of 2012

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1.The III Addl. City Civil Judge, Madras.

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2.The I Assistant City Civil Judge, Madras.

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3.The VII Additional Judge, City Civil Court, Chennai.

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The I Assistant Judge, City Civil Court, Chennai.

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

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S.A.No.687 of 1997 and C.M.A.No.1859 of 2012

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V.LAKSHMINARAYANAN. J.,

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S.A.No.687 of 1997 and C.M.A.No.1859 of 2012

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05.04.2023

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

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Sri Agastheeswaran Sri v. P T Srinivasan - Died

Case brief

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Sri Agastheeswaran Sri v. P T Srinivasan - Died

Case brief

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