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CDJ 2026 MHC 4845
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| Court : High Court of Judicature at Madras |
| Case No : S.A. No. 161 of 2018 & C.M.P. Nos. 20138 of 2025 & 4233 of 2018 |
| Judges: THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN |
| Parties : R.M. Srinivasa Mudaliar Versus Arulmigu Veerabadrasami, Koil Rep by Its Executive Officer Now Having Office At Subramania Swami Temple Kumarakottam, Kancheepuram & Others |
| Appearing Advocates : For the Appellant: N.K. Sivakumar, Advocate. For the Respondents: R1, R. Bharanidharan, R4, No appearance. |
| Date of Judgment : 06-07-2026 |
| Head Note :- |
Civil Procedure Code - Section 100 -
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| Summary :- |
1. Statutes / Acts / Rules / Orders / Regulations, and Sections Mentioned:
- Section 100 of the Code of Civil Procedure
- Section 5A of Tamil Nadu Debt Relief Act, 1978
- Code of Civil Procedure
- Tamil Nadu Debt Relief Act, 1978
2. Catch Words:
redemption, mortgage, possession, statutory tenant, arrears, second appeal, decree, injunction, tenancy, rent, relief, costs
3. Summary:
The second appeal under Section 100 CPC challenges a decree granting redemption and possession of temple property mortgaged in 1909. The plaintiff relied on Section 5A of the Tamil Nadu Debt Relief Act, 1978, asserting discharge of the mortgage after 30 years of possession. The third defendant contended that a subsequent deed converted the mortgagee into a statutory tenant paying rent. While the tenant has been paying rent and clearing arrears, the court noted the change in relationship but dismissed the appeal, granting the tenant eight weeks to clear outstanding arrears of Rs 22,28,157 without prejudice to ongoing rent obligations. No costs were awarded and related petitions were closed.
4. Conclusion:
Appeal Dismissed |
| Judgment :- |
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(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure to set aside the Judgement and Decree dated 01/06/2017 made in AS No 25/2009 on the file of Subordinate Judge, Kancheepuram confirming the Judgment and Decree dated 28/07/2008 made in OS No 96/2000 on the file of Additional District Munsif, Kancheepuram.)
1. The present Second Appeal arises against the judgment and decree passed by the learned Subordinate Judge, Kancheepuram in A.S.No.25/2009 dated 01.06.2017 in confirming the judgment and decree of the learned Additional District Munsif, Kancheepuram in O.S.No.96 of 2000 dated 28.07.2008.
2. The suit is at the instance of a religious institution seeking redemption of the mortgage and for delivery of possession. The property belonging to the plaintiff’s temple had been given on a usufructuary mortgage to the first defendant’s choultry on 02.09.1909. The amount covered by the mortgage is Rs.1,700/- and the period of mortgage is 99 years. The plaintiff presented the suit on 25.10.1999 claiming the benefit of Section 5A of Tamil Nadu Debt Relief Act, 1978, pleading the entire mortgage amount stood discharged as the mortgagee has been in possession and enjoyment for more than 30 years. The plaintiff impleaded defendant Nos.2 to 5 as parties to the suit as they have purchased the property from the mortgagee by way of registered documents.
3. Summons were served on the defendants and the defendants had filed a detailed written statement.
4. The present appeal is at the instance of the third defendant. He had filed a written statement in common along with the second defendant. According to them the period of mortgage expires only on 02.09.2008 and that there was a Saswatha Kowl deed executed subsequent to the mortgage on 24.11.1909, in terms of which, after the mortgage period expires, the mortgagee can continue to be in possession as a tenant on an yearly rent of Rs.30/-. The learned trial Judge granted a decree for redemption and recovery of possession. Aggrieved by the same, a regular appeal was preferred by the defendant Nos.3 and 5 before the Subordinate Judge, Kancheepuram in A.S.No.25/2009. The learned Appellate Judge confirmed the judgment and decree of the trial Court. Aggrieved by the same the present Second Appeal at the instance of the third defendant.
5. Pending the appeal, the third defendant filed an application in C.M.P.No.20138 of 2025 stating that he had approached the Executive Officer of the plaintiff temple and sought recognition of the relationship from that of a person in possession through a mortgagee to that of a tenant. The Executive Officer of the temple also passed an order on 30.05.2024 recognising the third respondent as a tenant. He fixed the monthly rent at Rs.31,920/-. He called upon the third defendant to pay the arrears of Rs.54,34,932/-. He recorded that a sum of Rs.5,00,000/- had been paid by the appellant on 28.02.2022. The balance of amount payable is Rs.49,34,932/-.The tenant has been remitting the rent regularly at Rs.31,920/- pending the Second Appeal and has also been clearing the arrears as per the order dated 30.05.2024.
6. When the matter is taken up today, Mr.N.K.Sivakumar appearing for Mr.M.S.Subramanian, learned counsel for the appellant reported that since the relationship between the parties has been modified from that of mortgagee under possession to that of a statutory tenant, the said fact may be recorded and the appeal itself be dismissed.
7. Mr.Baranidharan appearing for the religious institution / plaintiff represented that as on today a sum of Rs.22,28,157/- is due as arrears and he also reports that the tenant is paying monthly rents regularly. Mr.N.K.Sivakumar, represented that if eight weeks time is granted, the arrears will be cleared and sought the payment to be made in installments. Mr.Barani, on instructions, reports that he is agreeable to the said proposal.
8. In view of the same, the Second Appeal is dismissed. The appellant is granted 8 weeks time from today to clear the arrears of Rs.22,28,157/-. He may do so either in a single payment or in four instalments within the period of eight weeks. The grant of time to pay arrears does not mean that the tenant will not pay the monthly liability of Rs.31,920/-. No costs. Connected miscellaneous petitions are closed.
9. For reporting compliance, call on 01.09.2026.
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