Hemalatha Ramachandran(Deceased) Vs M/S.the Modern Builders

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C.S. No.75 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 17.11.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE P.DHANABAL

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C.S. No.75 of 2023

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Hemalatha Ramachandran [Deceased] W/o. C.V. Ramachandran

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Dharini M. Ramanathan W/o. K.S. Mohan Ramanathan [2^nd Plaintiff is already on record and recorded as the Legal heir of the deceased 1^st Plaintiff as per the order dated 07.10.2023 in memo dated 02.09.2025]

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… Plaintiffs

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vs.

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M/s. The Modern Builders, No.1A, Ramarao Street, T.Nagar, Chennai-600 017.

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G. Krishnamurthy S/o. P. Ganesan Add. Director of Company 12, Bakthavachalam Colony II Street, Vadapalani, Chennai-600 026.

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G.K. Thendral Kumarrishanamurthy S/o. G. Krishnamurthy Add. Director of Company 12, Bakthavachalam Colony II Street, Vadapalani, Chennai-600 026.

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V. Umarrani W/o. M.C. Vaidhyalingam Add. Director of Company, Anna Malai University Campus, Chidambaram – 608 002.

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Page No.1

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PRAYER:

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C.S. No.75 of 2023

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[Defendants 2 to 4 brought on record vide order dated 01.03.2024 in A. No.1119 of 2024] ... Defendants

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PRAYER: The Suit is filed under Order IV Rule I of Original Side Rules

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read with Order VII Rule 1 of Civil Procedure Code praying

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(i) to declare that the Plaintiffs are lawful and absolute owners of the Suit schedule property at No.1, 1^st Street, Habibullah Road, T.Nagar, Chennai-600 017;

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(ii) to consequently grant a mandatory injunction, directing the defendants to execute a Sale Deed in favour of the Plaintiffs;

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(iii) to direct the defendants to pay the cost of the Suit.

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For Plaintiffs : Mr. K. Venkat

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For Defendants : D1 to D4 set exparte

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JUDGMENT

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This Suit has been filed by the Plaintiffs for the relieves of declaration

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to declare that the Plaintiffs are the lawful and absolute owners of the Scuit Schedule property and consequently to grant a mandatory injunction directing the defendants to execute a Sale Deed in favour of the Plaintiffs and for costs.

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Page No.2

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C.S. No.75 of 2023 2. The brief averments of the Plaint are as follows:-

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The deceased 1^st Plaintiff's husband and the 2^nd Plaintiff's father namely

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Late Mr. C.V. Ramachandran had approached the defendant for purchasing a land and building and entered into an agreement for conveyance in respect of Plot No.1A of Town Survey No.4816 which is part of Thiyagaraya Nagar, Chennai-600 017. The 1^st defendant developed the Suit schedule property along with other property admeasuring 10 grounds and 45 sq. feet at Habibullah Road, T.Nagar, Chennai which was originally belonging to M.R.M.M.L. Muthupalaniappa Chettiar, whereby the original owner entered into an agreement with the 1^st defendant M/s. The Modern Builders on 14.09.1969. The husband of the 1^st Plaintiff (deceased) and the father of the 2^nd Plantiff namely Late Mr. C.V. Ramachandran had paid a sum of Rs.1,03,798/- as total sale consideration for the land and building to the 1^st defendant and the 1^st defendant also issued receipts for that and also handed over the possession of the Schedule property on 11.11.1971. The 1^st defendant had developed and had converted the ten grounds and 45 sq.ft. of land into 8 plots leaving sufficient space for 25feet private Road and the Corporation of Madras had also approved the Layout No.103 of 1969. The father of the 2^nd Plaintiff namely Late Mr. C.V. Ramachandran made a Page No.3

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C.S. No.75 of 2023 proposal to purchase one Plot constructed with building in Plot No.1A and

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the defendant also accepted the proposal and fixed the total cost of land including building at Rs.92,000/-, Stamp and Registration charges at Rs.2,700/- and extra bills at Rs.11,716/- and totally Rs.1,06,416/- was paid. The 1^st defendant after receipt of entire consideration, handed over the possession of the land and building in good condition on 11.11.1971. The Plaintiffs are in possession and enjoyment of the property from 11.11.1971 till date.

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2.1. After taking possession of the land, the father of the 2^nd Plaintiff had approached the defendant to execute Sale Deed and the 1^st defendant delayed the registration due to dispute between the Original owner and the defendant. There was a Suit in O.S. No.4967 of 1973 pending before the Assistant City Civil Court, Madras for recovery of Rs.49,337/-. The dispute in the Suit was between the original owner and the 1^st defendant. In the above Suit, the father of the 2^nd Plaintiff, namely Late Mr. C.V. Ramachandran was also impleaded as one of the parties and he claimed that he had paid a sum of Rs.1,03,798.60 towards the cost of the land and buildings, fixtures, stamp duty and registration charges as early as on 11.11.1971. After receipt of notice from the City Civil Court, Madras, he

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Page No.4

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C.S. No.75 of 2023 came to know that the 1^st defendant had not paid the value of the land to the original owner, but the 1^st defendant had already handed over the possession of the schedule mentioned property on 11.11.1971. In the above said Suit, the City Civil Court observed that the 2^nd Plaintiff's father had taken over the legal possession of the land including building from the 1^st defendant. The 2^nd Plaintiff's father had clearly established his possession over the Plot No.1A. He was the established owner of the Suit schedule property with respect to the property in Plot No.1A. The father of the 2^nd Plaintiff paid all the public dues related to the Suit schedule property like property tax, water and sewerage tax and electricity bills etc., The father of the 2^nd Plainitff requested the 1^st defendant to complete the registration, but the 1^st defendant had delayed the registration process. The 1^st Plaintiff and her husband has two children namely C.R. Dhilip and Dharini Ramachandran. The father of the 2^nd Plaintiff and the husband of the 1^st Plaintiff died on 11.02.2005. The brother of the 2^nd Plaintiff and the son of the 1^st Plaintiff namely C.R. Dhilip also died as unmarried. The non-registration of the Schedule property was known to the Plaintiffs only after 13.04.2020. Therefore, the Plaintiffs had sent notice to the defendant on 21.02.2022, but the notice was returned. Therefore, the Plaintiffs have filed the Suit.

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C.S. No.75 of 2023

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1. The defendants have not contested the Suit and they were set

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exparte. In order to prove the case of the Plaintiffs, they examined PW1 and

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marked Ex.P.1 to Ex.P.26.

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The points for determination in the Suit are (i) whether the 2^nd Plaintiff is entitled to decree for declaration over the Suit schedule property and (ii) whether the 2^nd Plaintiff is entitled to decree for mandatory injunction directing the defendants to execute Sale Deed in favour of the 2^nd Plaintiff.

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The learned counsel appearing for the Plaintiffs would submit that the husband of the 1^st Plaintiff and the father of the 2^nd Plaintiff had purchased the property from the 1^st defendant, he paid a sum of Rs.1,03,798/and the possession was also handed over to the 2^nd Plaintiff's father on 11.11.1971. The 1^st defendant failed to execute the registered Sale Deed. Thereafter, the father of the 2^nd Plaintiff died on 11.02.2005. Therefore, the property was managed by the 1^st Plaintiff's son and the 2^nd Plaintiff's brother namely C.R. Dhilip and he also died unmarried on 30.01.2020. Thereafter, the Plaintiffs came to know that the registration had not taken place in respect

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Page No.6

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C.S. No.75 of 2023 of the property, the possession of which was already handed over by the 1^st defendant on 11.11.1971 in favour of the father of the 2^nd Plaintiff, who is the husband of the 1^st Plaintiff. Therefore, the Plaintiffs issued a notice to the 1^st defendant on 21.02.2022, but the same was returned. Therefore, the Plaintiffs filed the Suit seeking declaration declaring that the Suit property belongs to the Plaintiffs and mandatory injunction to direct the defendants to execute Sale Deed in favour of the Plaintiffs. In order to prove the case of the Plaintiffs, they examined PW1 and marked Ex.P.1 to Ex.P.26. The Plaintiffs' side witness has categorically deposed about the payments made by the husband of the 1^st Plaintiff and also produced receipts. Therefore, the Plaintiffs have proved their case. The defendants did not contest the case. Therefore, there is no contra evidence to rebut the Plaintiffs' side evidence. Therefore, the 2^nd Plaintiff is entitled to the relieves as prayed for in the Plaint.

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Heard both sides and perused the entire materials.

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Answers to the points:

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According to the Plaintiffs, the father of the 2^nd Plaintiff and the husband of the 1^st Plaintiff (deceased) had purchased the Suit property from the 1^st defendant and he made payments on various dates and after payments

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C.S. No.75 of 2023 made, the possession of the property was handed over to the husband of the 1^st Plaintiff and the father of the 2^nd Plaintiff. Therefore, from 11.11.1971, the Plaintiffs have been in possession and enjoyment of the property. In the meantime, the Plaintiffs came to know that no registration has been taken place and no property was registered in the name of the father of the 2^nd Plaintiff. It is further contended by the Plaintiffs that the original property belonged to one Mr. M.R.M.M.L. Muthupalaniappa Chettiar and he entered into an agreement with the 1^st defendant namely M/s. Modern Builders on 14.09.1969. There was a Suit pending between the 1^st defendant and the original owner of the property namely Mr. M.R.M.M.L. Muthupalaniappa Chettiar and the said Suit was pending before the Assistant City Civil Court, Madras in O.S. No.4967 of 1973 for recovery of money, where the 1^st Plaintiff's husband namely late Mr. C.V. Ramachandran was also impleaded as one of the parties and according to the Plaintiffs, the Court observed that the 1^st Plaintiff's husband was in possession and enjoyment of the property and he is the owner of the property. The Plaintiffs have failed to produce any documents for the execution of Sale Deed in favour of the 1^st Plaintiff's husband, who is the father of the 2^nd Plaintiff. They produced only the receipts.

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Page No.8

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Ex.P.1
Ex.P.2
Ex.P.3

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C.S. No.75 of 2023

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Ex.P.1 is the Original Receipt dated 05.101969 for the amount received by the 1^st defendant namely M/s. The Modern Builders for Plot No.2-A.

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Ex.P.2 is the Original Receipt dated 11.11.1969 for the payment of Rs.20,000/- paid by Mr. C.V. Ramachandran to the 1^st defendant for the Plot No.2-A.

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Ex.P.3 is the letter dated 21.02.1970 sent by the 1^st defendant to Mr. C.V. Ramachandran. Ex.P.4 is the letter dated 02.04.1970 sent by the 1^st defendant to Mr. C.V. Ramachandran. Ex.P.5 is the letter dated 17.05.1970 written by Mr. C.V. Ramachandran to the 1^st defendant M/s. Modern Builders.

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Ex.P.6 is the original receipt dated 21.05.1970 for Rs.25,000/- paid by Mr. C.V. Ramachandran to the 1^st defendant M/s.Modern Builders for Plot No..1A

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Ex.P.7 is the Original Receipt dated 09.12.1970 for Rs.5,000/- issued by the 1^st defendant in favour of Mr. C.V. Ramachandran for the payment with respect to Plot No.1A.

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Ex.P.8 is the letter dated 08.01.1971 sent by the 1^st defendant M/s. Modern Builders to Mr. C.V. Ramachandran.

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Ex.P.9 is the Original Receipt dated 10.01.1971 issued by the 1^st defendant in favour of Mr. C.V. Ramachandran in respect of Plot No.IA. Ex.P.10 is also a letter dated 29.03.1971 issued by the 1^st defendant to Mr. C.V. Ramachandran.

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Ex.P.11 is the Original Receipt dated 08.04.1971 issued by the 1^st defendant M/s. Modern Builders to Mr. C.V. Ramachandran for the payment in respect of Plot No.1A.

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Ex.P.12 is the Original Receipt dated 12.08.1971 issued by the 1^st defendant M/s.Modern Builders in favour Mr. C.V. Ramachandran in respect of Plot No.2A.

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Ex.P.13 is the Original Receipt dated 04.09.1971 issued by the 1^st defendant M/s.Modern Builders in favour Mr. C.V. Ramachandran in respect of Plot No.1A.

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Ex.P.14 is the Original Receipt dated 11.11.1971 issued by the 1^st defendant M/s.Modern Builders in favour Mr. C.V. Ramachandran in respect of Plot No.1A.

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Ex.P.15 is the letter dated 11.11.1971 written by the 1^st defendant M/s.Modern Builders to Mr. C.V. Ramachandran.

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Ex.P.16 is the certified copy of the judgment passed in O.S. No.4967 of 1973 dated 10.08.1979.

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Ex.P.17 is the Death Certificate of Mr. C.V. Ramachandran.

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Ex.P.18 is the Legal Heirship Certitificate dated 11.03.2005

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Ex.P.19 is the Death Certificate of Mr. C.R. Dilip.

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Ex.P.20 is the Legal Heirship Certificate of Mr. C.R. Dilip dated 20.12.2021.

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Ex.P.21 is the Property Tax demand card along with receipt from the Greater Chennai Corporation.

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Ex.P.22 is the Water and Sewerage Tax-cum-Charges card along with receipt from the Chennai Metropolitan Water Supply and Sewerage Board.

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Ex.P.23 is the Electricity card.

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Ex.P.24 and Ex.P.25 are the Aadhar cards of the Plaintiffs.

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Ex.P.26 is the returned unserved postal cover.

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C.S. No.75 of 2023 8. On a careful perusal of the above said documents Ex.P.1 to Ex.P.26,

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it is clear that some payments were made by Late Mr. C.V. Ramachandran, husband of the deceased 1^st Plaintiff and the father of the 2^nd Plaintiff in respect of Plot Nos.1A and 2A. But the Plaintiffs themselves have admitted that the original owner of the said properties is one Mr. M.R.M.M.L. Muthupalaniappa Chettiar. But there is no any document to show that the said Mr. M.R.M.M.L. Muthupalaniappa Chettiar had executed a deed in favour of the 1^st defendaant, in turn, the 1^st defendant had executed any deed in favour of Mr. C.V. Ramachandran, the husband of the 1^st Plaintiff (deceased) and the father of the 2^nd Plaintiff. Mere receipts are not sufficient to prove the same. Though the defendants have not appeared before the Court, it is the duty of the Plaintiffs to prove their case. The Plaintiffs filed the Suit for declaration in respect of the title of the property and they have to prove the case independently through documents. Even according to the Plaintiffs, the possession of the property was handed over to the father of the 2^nd Plaintiff / husband of the 1^st Plaintiff on 11.11.1971. Thereafter, the husband of the 1^st Plaintiff has not taken any steps to execute the Sale Deed in his favour and he also died in the year 2005. There are no documents to prove the purchase of the property by the said Late Mr. C.V. Ramachandran.

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C.S. No.75 of 2023 Therefore, the Plaintiffs are not entitled to the relief of declaration.

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As far as the relief of mandatory injunction is concerned, the father of the 2^nd Plaintiff and the husband of the 1^st Plaintiff himself, during his life time, has made payments in the year 1971. Thereafter, the father of the 2^nd Plaintiff has not taken any steps to execute the Sale Deed in his favour. Now, the Plaintiffs, have filed this Suit after 50 years without any title deeds, thereby the 2^nd Plaintiff is not entitled to mandatory injunction to execute the Sale Deed. In all the receipts exhibited, there is no mention about the Survey Number and other particulars of the property. Therefore, without any sufficient records, the Plaintiffs are not entitled to any relief through this Suit.

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In the result, the Suit is dismissed . There shall be no order as to

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costs.

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....11.2025

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Index : Yes/No Speaking Order : Yes/No mjs

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APPENDIX:

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List of Plaintiff side Witnesses:

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PW1 : Mrs. Hemalatha Ramachandran

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C.S. No.75 of 2023

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List of Plaintiff side Documents:

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Exhibit No.	Date	Description of Documents
Ex.P.1	05.10.1969.	Original Receipt for the amount received by the 1^stdefendant namely M/s. The Modern Builders for Plot No.2-A
Ex.P.2	11.11.1969	Original Receipt for the payment of Rs.20,000/- paid by Mr. C.V. Ramachandran to the 1^stdefendant for the Plot No.2-A.
Ex.P.3	21.02.1970	letter sent by the 1^stdefendant to Mr. C.V. Ramachandran.
Ex.P.4	02.04.1970	letter sent by the 1^stdefendant to Mr. C.V. Ramachandran.
Ex.P.5	17.05.1970	Letter written by Mr. C.V. Ramachandran to the 1^stdefendant M/s. Modern Builders.
Ex.P.6	21.05.1970	Original receipt for Rs.25,000/- paid by Mr. C.V. Ramachandran to the 1^st defendant M/s.Modern Builders for Plot No..1A
Ex.P.7	09.12.1970	Original Receipt for Rs.5,000/- issued by the 1^stdefendant in favour of Mr. C.V. Ramachandran for the payment with respect to Plot No.1A.
Ex.P.8.	08.01.1971	Letter sent by the 1^stdefendant M/s. Modern Builders to Mr. C.V. Ramachandran.
Ex.P.9.	10.01.1971	Original Receipt issued by the 1^st defendant in favour of Mr. C.V. Ramachandran in respect of Plot No.IA.
Ex.P.10	29.03.1971	letter issued by the 1^stdefendant to Mr. C.V. Ramachandran.
Ex.P.11	08.04.1971	Original Receipt issued by the 1^st

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		C.S. No.75 of 2023 defendant M/s. Modern Builders to Mr. C.V. Ramachandran for the payment in respect of Plot No.1A.
Ex.P.12	12.08.1971	Original Receipt issued by the 1^st defendant M/s.Modern Builders in favour Mr. C.V. Ramachandran in respect of Plot No.2A.
Ex.P.13	04.09.1971	Original Receipt issued by the 1^st defendant M/s.Modern Builders in favour Mr. C.V. Ramachandran in respect of Plot No.1A.
Ex.P.14	11.11.1971	Original Receipt issued by the 1^st defendant M/s.Modern Builders in favour Mr. C.V. Ramachandran in respect of Plot No.1A.
Ex.P.15	11.11.1971	letter dated written by the 1^stdefendant M/s.Modern Builders to Mr. C.V. Ramachandran.
Ex.P.16	-	Certified copy of the judgment passed in O.S. No.4967 of 1973 dated 10.08.1979.
Ex.P.17		Death Certificate of Mr. C.V. Ramachandran.
Ex.P.18	11.03.2005	Legal Heirship Certitificate
Ex.P.19	-	Death Certificate of Mr. C.R. Dilip.
Ex.P.20	20.12.2021	Legal Heirship Certificate of Mr. C.R. Dilip dated
Ex.P.21	-	Property Tax demand card along with receipt from the Greater Chennai Corporation.
Ex.P.22	-	Water and Sewerage Tax-cum-Charges card along with receipt from the Chennai Metropolitan Water Supply and Sewerage Board.