Sai Swarna vs M.L.Sampathkumaran(Died),1.M.R.Sai Krishnan

Court
Madras High Court

SA No. 954 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2026
CORAM
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
SA No. 954 of 2026
CNR:{HCMA011283112026}
AND
CMP NO. 30062 OF 2026,
CMP NO. 30059 OF 2026
Sai Swarna
D/o Late M.L.Ramakrishnan,
Residing at No.52/1, Mount Road,
Guindy,
Chennai-600032
..Appellant(s)
Vs
M.L.Sampathkumaran(Died)
1. M.R.Sai Krishnan
S/o. Late M.L.Ramakrishnan,
Old No.31/D3, and New No.52/1,
Mount Road, Guindy,
Chennai-600 032,
Now residing at
No.35/28, F2, Navayuga Apartments,
Paruthivakkam,
Alandur Chennai-600 016.
M.L.Ramakrishnan(Died)
M.R.Sivakukumari(died)
2. M.R.Guna Ranjan
S/o. Late M.L.Ramakrishnan,
No.52/1, Mount Road,
Guindy, Chennai-600 032
Now residing at
No.35/28, F2, Navayuga Appartments,
Paruthivakkam, Alandur,
Chennai-600 016
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SA No. 954 of 2026
3. Chitra Sampath
W/o.Late M.L.Sampathkumaran,
Residing at No.2B,
“Mangala Villa”, No.32/16, Ramachandra
Street, T.Nagar,
Chennai-600 017
4. Vijay SAi Sampath
S/o. .Late M.L.Sampathkumaran,
Residing at No.2B,
“Mangala Villa”, No.32/16, Ramachandra
Street, T.Nagar,
Chennai-600 017
5. M.S.Giridhar
S/o. Late M.L.Sampathkumaran,
Residing at No.2B,
“Mangala Villa”, No.32/16, Ramachandra
Street, T.Nagar,
Chennai-600 017
..Respondent(s)
PRAYER
Second Appeal filed under Sec.100 of C.P.C., praying to set aside the
Judgement and Decree dated 21.4.2025 made in AS NO.101/2021 on the file of
XVIII Additional City Civil Court, Chennai reversing the Judgment and Decree
dated 31.3.2021 made in OS NO.5508/2008 on the file of XVI Assistant City
Civil Court, Chennai.
For Appellant(s): Mr.T.L.Thirumalaisamy
For Respondent(s): Mr.A.Palaniappan
For Mr.Viswanathan For R3, R4 & R5
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SA No. 954 of 2026
J UDGMENT
th
The appellant, who is the 5 defendant in the suit in O.S.No.5508 of
2008, challenging the reversal findings of first appellate court, had preferred
this Second Appeal.
2. The learned counsel for appellant prayed to set aside the findings of first
appellate court, by raising the following grounds :-
a) The lower appellate court shifted the burden on the appellant
to disprove the case of the plaintiff and allowed the appeal, which
is against the well settled principle of law.
b) The learned judge failed to appreciate the fact that even
though the nomenclature of Ex.A1 is termed as settlement deed,
the recitals therein would clearly shows that the said document is
neither a settlement deed nor a Will said to have been executed by
M.J.Loganathan Mudaliar.
c) In this regard, the learned judge failed to take note of the fact
that as one place, the said M.J.Loganathan Mudaliar retained his
interest to collect and enjoy for himself the net income during his
life time and in another place, he mentioned that he has divested
himself of all rights of ownership to the properties and put the
beneficiary in immediate possession.
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SA No. 954 of 2026
d) The above two terms are contrary to each other and hence,
the learned judge ought to have rejected Ex.A1 as invalid
document on the ground that a document cannot have character of
both Will and Settlement.
e) The learned judge failed to appreciate the fact that the title of
the plaintiff is specifically denied both by the appellant and her
father in their written statement and the suit itself is not
maintainable without seeking a relief for declaration of his title.
3. The learned counsel for respondents 3 to 5 would submit that in respect of
suit property, nearly about 10 litigations were made between plaintiff and
appellant’s family and other members. The learned counsel had also produced
the additional affidavit filed by M.R.Sai Swarna in Cont. P. No.872 of 2018 in
O.S.No.1076 of 2016 in C.S.No.612 of 1999, admittedly, she is the appellant
nd
herein and daughter of original 2 defendant, wherein in respect of suit
property, she had stated as follows :-
“2. At the outset, I most humbly submit that I am a law abiding
citizen and I have got utmost respect for the orders of Court. I have
not violated any of the orders of this Hon’ble Court at any point of
time. I tender my unconditional apology before this Hon’ble Court, if
any of my acts are construed as violation of orders or directions of
this Hon’ble Court.
3. I most humbly submit that an application in O.A.No.1076 of
2019 in C.S.No.612 of 1999 was filed with a prayer to grant an order
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SA No. 954 of 2026
th th
of interim injunction restraining the 11 respondent/5 defendant
herein, her men, agents, servants, subordinates or any one claiming
through her or authorised by her from, in any manner, putting up
construction or altering the physical features of the property in item
No.2 of schedule ‘B’ property to the plaint in C.S.No.612 of 1999
morefully described in the Schedule appended to the Judge’s
summons, pending disposal of the above application. I further state
that this Hon’ble Court was pleased to pass an order dated
28.11.2016 as “4. Pending completion of pleading as set out above,
interim order as prayed for in the instant application i.e. O.A.No.1076
of 2016 is granted and the same shall operate until further order from
this Court”.
4. I most humbly submit that an order of interim injunction was
granted against me and to my full knowledge and consciousness, I
have not made any construction and I did not alter or make any
developments in the property in any way and I have not acted against
the order of this Hon’ble Court.
5. I most humbly submit that I have no claim in item No.2 of
Schedule ‘B’ property in C.S.No. 612 of 1999. I further humbly state
that I am only a defendant in the said suit and I have no interest in
item No.2 of schedule ‘B’ property in the above said suit. I further
humbly state that the title deed of the item No.2 of Schedule ‘B’
property does not stand in my name and as stated I have no interest in
the same.
6. I most humbly state that I have not made constructions and
not aware about the photos attached in page Nos.43-45 of the typed
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SA No. 954 of 2026
set of papers as the state of the construction in the item No.2 of
Schedule ‘B’ property is the same as on 28.11.2016 to till date and I
have not made any constructions after the order of interim injunction
dated 28.11.2016 granted by this Hon’ble Court.
7. I most humbly state that I have no independent income and I
have two school going children and running the family with help of my
husband. I further humbly state that due to my financial status, I am
unable to pay the amount of Rs.25,000/- as initial remuneration for
the advocate commissioner.
st
8. I most humbly state that the petitioner/applicant/1 defendant
is none other than my paternal uncle and he claims right in item No.2
of Schedule ‘B’ property, whereas I have no interest and no claim
over the property in item No.2 of Schedule ‘B’ property.
9. I further state that I am having highest respects and regard
towards this Hon’ble Court and its order and I have always obeyed
and complied the directions of this Hon’ble Court with letter and
spirit; further I have never disobeyed the order of this Hon’ble Court
at any state and always acted in accordance with law. However, if the
Court comes to the conclusion that contempt has been committed in
any form, for which, I once again tender my unconditional apology
before this Hon’ble Court.”
By submitting the earlier affidavit filed by the appellant, the learned counsel for
respondents 3 to 5 argues that already she has declared before this Court, she
has no claim or right over the item No.2 of the ‘B’ schedule property in that
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SA No. 954 of 2026
suit, which is the subject matter in the present Second Appeal and also tendered
unconditional apology before this Court.
4. As the appellant had made a false claim, that affidavit has been recorded.
On perusal of the same, the fact reveals that long back, on 25.02.2020 itself, the
appellant filed an affidavit before this Court stating that she would not make
any claim over the item No.2 of schedule ‘B’ property, now contrary to the
affidavit, she had made a false claim, causing interference and contested the
case. Therefore, the courts below rightly appreciated all the facts and granted
the relief in favour of plaintiff, which requires no interference. Moreover, on
seeing the conduct of appellant, it shows that by herself, she is causing all sort
of annoyance to maintain the suit property including the superstructure by
making false claim. Therefore, there is no question of law is involved for
consideration of this Second Appeal and I do not find any merit in this Second
st
Appeal. Accordingly, this Second Appeal is dismissed as no merit. The 1
respondent/plaintiff is entitled to take delivery of property within a period of
four weeks from the date of receipt of copy of this Judgment and he is also
entitled to get exemplary cost of Rs.25,000/-. Consequently, connected Civil
Miscellaneous Petitions are closed.
05-11-2026
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SA No. 954 of 2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RPP
To
1. The XVIII Additional Judge, City Civil Court, Chennai.
2. The XVI Assistant Judge, City Civil Court, Chennai.
3. The Section Officer, VR Section, Madras High Court.
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SA No. 954 of 2026
T.V.THAMILSELVI J.
RPP
SA No. 954 of 2026
AND
CMP NO. 30062 OF 2026,
CMP NO. 30059 OF 2026
05-11-2026
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