REGENT COMPUTRONICS PVT. LTD.

Arulmigu Meenakshi Sundareswarar Appellant

V/S

E M G Soundarajan Respondents

Referred Judgements :-

G.M.HEAVY VEHICLES FACTORY AND ANR VS.T.SHADRAK [REFERRED TO]
Y.CUSBAR VS. K.SUBBARAYAN [REFERRED TO]
MADHWACHARYA VS. SHIVARAMA SHETTY AND OTHERS [REFERRED TO]
SAMUEL AND ANR VS. DASAMMA NADATHY AND ORS [REFERRED TO]
BALDEV DAS SHIVLAL VS. FILMISTAN DISTRIBUTORS INDIA PRIVATE LIMITED [REFERRED TO]
Y B PATIL VS. Y L PATIL [REFERRED TO]
TARINI KAMAL PANDIT VS. PRAFULLA KUMAR CHATTERJEE DEAD [REFERRED TO]
RADHAKANTA DEB VS. COMMISSIONER OF HINDU RELIGIOUS ENDOWMENTS ORISSA [REFERRED TO]
BABU LAL VS. HAZARI LAL KISHORI LAL [REFERRED TO]
RUBY SALES AND SERVICES PRIVATE LIMITED VS. STATE OF MAHARASHTRA [REFERRED TO]
BALA SHANKAR MAHA SHANKER BHATTJEE VS. CHARITY COMMISSIONER GUJARAT STATE [REFERRED TO]
COLLECTOR OF CENTRAL EXCISE AHMEDABAD VS. PIOMA INDUSTRIES AND IMPERIAL SODA FACTORY [REFERRED TO]
V S PALANICHAMY CHETTIAR FIRM VS. C ALAGAPPAN [REFERRED TO]
RAM JANKIJEE DEITIES VS. STATE OF BIHAR [REFERRED TO]
SHIROMANI GURDWARA PRABANDHAK COMMITTEE AMRITSAR VS. SOMNATH DASS [REFERRED TO]
SHEIKH NOOR VS. SHEIKH G S IBRAHIM [REFERRED TO]
COMMISSIONAR OF CUSTOMS KANDLA VS. ESSAR OIL LTD [REFERRED TO]
STATE OF A P VS. T SURYACHANDRA RAO [REFERRED TO]
BHAURAO DAGDU PARALKAR VS. STATE OF MAHARASHTRA [REFERRED TO]
COMPETENT AUTHORITY VS. BARANGORE JUTE FACTORY [REFERRED TO]
HAMZA HAJI VS. STATE OF KERALA [REFERRED TO]
A V PAPAYYA SASTRY VS. GOVERNMENT OF A P [REFERRED TO]
A A GOPALAKRISHNAN VS. COCHIN DEWASWOM BOARD [REFERRED TO]
GANPATBHAI MAHIJIBHAI SOLANKI VS. STATE OF GUJARAT [REFERRED TO]
RAJU RAMSINGH VASAVE VS. MAHESH DEORAO BHIVAPURKAR [REFERRED TO]
DURGESH SHARMA VS. JAYSHREE [REFERRED TO]
MOHD LAIQUIDDIN VS. KAMALA DEV MISHRA [REFERRED TO]
J P BUILDERS VS. A RAMADAS RAO [REFERRED TO]
RAJENDRA PRASAD GUPTA VS. PRAKASH CHANDRA MISHRA [REFERRED TO]
RAMDAS BANSAL VS. KHARAG SINGH BAID [REFERRED TO]
BADAMI VS. BHALI [REFERRED TO]
A NAWAB JOHN VS. V N SUBRAMANIYAM [REFERRED TO]
M MARUDANAYAGAM PILLAI VS. P M KRISHNASWAMI NAIDU [REFERRED TO]
CHIDAMBARAM CHETTIAR VS. PERIYASAMY CHETTIAR [REFERRED TO]
LAKSHMINARAYANAN VS. VAIGUNDANAMAMANI [REFERRED TO]
S SARAVANAN MINOR VS. CHIEF JUDGE COURT OF SMALL CAUSES MOTOR ACCIDENTS CLAIMS TRIBUNAL CHENNAI [REFERRED TO]
ATHMANATHASWAMY DEVASTHANAM AVIDYARKOIL VS. K G VARADACHARIAR [REFERRED TO]
KALIA PILLAI DIED VS. KATHAYEE AMMAL DHARMAMCHARITIES [REFERRED TO]
ANNAMALAI VS. NAGOORGANI [REFERRED TO]
EXECUTIVE OFFICER SOUNDERESWARAR DEVASTHANAM VS. G KUPPUSWAMY MUDALIAR [REFERRED TO]
KARUPPAIYA MUTHURAJA VS. V KARUPPAIYA MUTHURAJA [REFERRED TO]
TURAGA HANUMANTHA RAO VS. OFFICIAL RECEIVER [REFERRED TO]
K S R M SIVASUBRAMANIAM CHETTIAR VS. MURUGESA MUDALIAR [REFERRED TO]
OLYMPIC CARDS LIMITED VS. STANDARD CHARTED BANK [REFERRED TO]
PAUL INDUSTRIES (INDIA) VS. UNION OF INDIA [REFERRED TO]
SATYAWATI VS. RAJINDER SINGH [REFERRED TO]
VADLAMANNETI DAMODARA RAO VS. THE OFFICIAL RECEIVER, KISTNA AND ANR. [REFERRED TO]
SUBBUTHAI VS. SRI SUNDARA VINAYAGAR DEITY OF SUNDARA VINAYAGAR KOIL, THROUGH ITS TRUSTEE SIVASUBRAMANIA PILLAI AND ANR. [REFERRED TO]
RAJAPALAYAM TOWN AMMAN POTTAL MIDDLE NORTH STREET PALLAR COMMON FUND VS. RAJAPALAYAM TOWN AMMAN POTTAL STREET DEVANDRA KULA VELALAR COMMUNITY [REFERRED TO]

JUDGEMENT

(1.) IN all the CRPs., petitioner is the plaintiff in O.S.123 of 1970 and petitioner in E.P.No.77/2006 and respondent in E.A.No.554 of 2009 and E.A.No.35 of 2010 on the file of the I Additional Sub Court, Madurai. The parties are referred to as arrayed in C.R.P(MD)No.987 of 2010.

(2.) THE petitioner filed O.S.123 of 1970 against 26 persons for recovery of properties belonging to them. One E.M.G. Soundararajan now deceased was 6th defendant in the suit. The suit was decreed on 23.12.1978 against all the defendants except 7th defendant. The said Soundararajan filed A.S.No.209 of 1979 on the file of this Court and the same was dismissed by this Court on 12.2.1986. The said Soundararajan filed R.C.M.P.No.3891of 1996 for reviewing the judgment dated 12.02.1986 made in A.S.No.209 of 1979. While so at the behest of this Court the said Soundararajan and the petitioner entered into a compromise. This Court recorded the memo of compromise in the review application and passed orders in the review application on 23.04.1990. As per the memo of compromise the said Soundararajan agreed to pay Rs.33,00,000/ - to the petitioner. He has to pay a sum of Rs.2,00,000/ - on or before 15.7.1990 and a sum of Rs.6,00,000 per year of Rs.3,00,000/ - per half year on or before 15.7.1991, 15.7.1992, 15.7.1993 and 15.7.1994 and Rs.7,00,000/ - on or before 15.7.1995. The amounts to be paid in instalments will carry interest at 12% per annum to be paid on or before 10th of every quarter i.e., once in three months. In the default clause it has been agreed that if the said Soundararajan commits default for more than a year he must surrender possession of the land to the petitioner.

(3.) THE said Soundararajan defaulted the payment of instalments. The petitioner filed E.P.No.111 of 1994 for recovery of possession. The said E.P. was dismissed in view of stay granted by this Court in CMP No.5991 of 1994 in AAO No.435 of 1994. The said AAO was dismissed on 6.11.1995. The petitioner again filed execution petition for recovery of possession which was numbered as E.P.No.77 of 2006. The Soundararajan filed counter affidavit opposing the same on the ground that E.P. is time barred. The said Soundararajan died on 24.3.2007. The first respondent claims that she is legally wedded wife while 5th respondent claims that she alone is legally wedded wife of the said Soundararajan. Both first and fifth respondents and their children are impleaded as respondents 1 to 8. Respondents 9 and 10 were impleaded as they claim to be trustees of suit property entitled to manage it. After being impleaded the respondents 1 to 8 filed counter affidavit. The respondents sought for dismissal of E.P. mainly on the ground that the said E.P. was barred by limitation.

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ARULMIGU MEENAKSHI SUNDARESWARAR Vs. E M G SOUNDARAJAN

Referred Judgements :-

JUDGEMENT

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