Trust challenged trial court order permitting plaintiff to deposit rent into court during a pending injunction suit over suit property. The High Court clarified the deposit is subject to the suit's outcome and creates no right, title or interest, leaving all contentions open for trial.
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C.R.P.(PD).(MD)No.1767 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.06.2025
CORAM
THE HON'BLE MR. JUSTICE M.DHANDAPANI
and
C.M.P.(MD)No.9634 of 2025
Sri Guru Vidya Peetam Trust, Represented by its Correspondent, Dhanalakshmi ...Petitioner
Vs.
1.Sri Saptarishi Research and Medical Foundation, No.10, Veerachetti Street, Pulianthope, Chennai-600 012, Represented by its Secretary, K.Sundarrajan
2.Sri Guru Vidya Peetam Trust, Door No.29, 8th Main Road, 3rd Cross Street, Srinivasa Nagar, Pudur, Trichy-17, Represented by its Managing Trustee, NS Rajagopalan
3.Roshan Manavalan ...Respondents
PRAYER: Civil Revision Petition is filed under Article 227 of Constitution of India, praying to set aside the fair and decreetal order dated 03.02.2025 made in I.A.No.3 of 2022 in O.S.No.97 of 2017 on the file of the Sub Court, Kulithalai.
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For Petitioner : Mr.Raguvaran Gopalan
ORDER
This petition has been filed seeking orders to set aside the fair and decreetal order dated 03.02.2025 made in I.A.No.3 of 2022 in O.S.No.97 of 2017 on the file of the Sub Court, Kulithalai.
2.The first respondent herein filed a suit in O.S.No.97 of 2017 before the learned Sub Judge, Kulithalai, against the petitioner and respondent Nos.2 and 3, seeking permanent injunction restraining them from interfering with the first respondent’s peaceful possession and enjoyment of the suit property. Pending suit, the first respondent filed an interlocutory application in I.A.No.3 of 2022 seeking permission to deposit rent for the property for the years 2020 to 2022, amounting to Rs.15,000/-, and also for permission to continue depositing the rent for future periods into Court. The said application was allowed by the trial Court. Aggrieved by the said order, the present Civil Revision Petition has been filed.
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3.(i). The learned counsel for the petitioner further submitted that the
deposit of the so-called rent by the first respondent before the trial Court cannot be construed as having been accepted or authorized by the petitioner. The petitioner has not agreed to the quantum of rent being deposited, nor acknowledged the lease arrangement between the first and second respondents, which is collusive in nature and not binding upon the petitioner.
3.(ii). It is further submitted that the order permitting the deposit of rent may be misconstrued as recognition of tenancy or any legal relationship between the petitioner and the first respondent. Hence, the petitioner seeks liberty to agitate all issues, including the validity of the alleged lease and entitlement to the suit property, before the trial Court during trial.
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of. The trial Court is directed to dispose of the suit in O.S.No.97 of 2017 on its own merits, uninfluenced by any observation made herein, within a period of one year from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petition is closed.
30.06.2025
Internet:Yes/No Index:Yes/No TSG To
1.The Sub Court, Kulithalai.
2.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.
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C.R.P.(PD).(MD)No.1767 of 2025
M.DHANDAPANI, J.
TSG
C.R.P.(PD).(MD)No.1767 of 2025
30.06.2025
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1 issue framed by the court
Whether rent deposited in court under I.A.No.3 of 2022 could be construed as recognition of tenancy or create rights in favour of the depositor pending suit.
1 provisions across 1 enactments
Sri Guru Vidya Peetam Trust, represented by its Correspondent, Dhanalakshmi
Sri Saptarishi Research and Medical Foundation, represented by its Secretary, K.Sundarrajan
Sri Guru Vidya Peetam Trust, represented by its Managing Trustee, NS Rajagopalan
Roshan Manavalan
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
