IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 07.04.2025 Coram: The Honourable Mr.Justice C.SARAVANAN Application No.1465 of 2025 in T.O.S.No.39 of 2023 1.A.Subramaniyan 2.A.Susheela 3.Padmini Rajaram ...Applicants Versus Hema Srinivasan ...Respondent Prayer: Application filed under Order XIV Rule 8 of O.S. Rules r/w. Section 151 of C.P.C. praying to permit the second applicant herein to comply with the order dated 30.07.2024 passed in Appln.No.6708 of 2023 by submitting the statement of accounts as well as Demand Draft for the period August 2024 to January 2025 and pass appropriate orders. For Applicants : Mr.T.S.Baskaran For Respondent : Mr.K.Balamurali for Mr.Shivakumar & Suresh 1/6 https://www.mhc.tn.gov.in/judis ORDER This Application has been filed by the Applicants/Defendants in T.O.S.No.39 of 2023 praying to permit the 2nd Applicant/2nd Defendant to comply with the order dated 30.07.2024 in Application No.6708 of 2023 by submitting the Statement of Accounts as well as Demand Draft for the period August 2024 to January 2025 and pass appropriate orders. 2. The Plaintiff has filed Application No.6708 of 2023 in T.O.S.No.39 of 2023 and Original Application No.1078 of 2023 in T.O.S.No.39 of 2023 for the following reliefs: (i) Application No.6708 of 2023 in T.O.S.No.39 of 2023 - To direct the 1st Defendant to render the Statement of Rental Income from August 2022 and to deposit such accrued Rental Income from the suit schedule property to the credit of T.O.S.No.39 of 2023. (ii) Original Application No.1078 of 2023 in T.O.S.No.39 of 2023 – To appoint a Receiver for the suit schedule properties detailed in the Judges Summons with full power to take custody and manage the suit schedule properties and render Accounts to this Court pending disposal of the above suit. 3. This Court vide order dated 30.07.2024, disposed of the Application No.6708 of 2023 and dismissed the Original Application No.1078 of 2023. As per the said order of this Court, the Applicants/Defendants were required to deposit 1/4th share of the Rental 2/6 https://www.mhc.tn.gov.in/judis Income into the Court after expending the medical expenses of the 2nd Applicant/2nd defendant. 4. The 1st Applicant/1st Defendant is the brother of 2nd Applicant/2nd Defendant, 3rd Applicant/3rd Defendant and Respondent/Plaintiff. On 22.03.2022, one Mr.K.Venkataraman (brother of the Applicants/Defendants and Respondent/Plaintiff) said to have been executed an unregistered Will in favour of the Respondent/Plaintiff. After the execution of the Will, the said Venkataraman died on 23.08.2022. The said Venkataraman has no Class I legal heir. The Applicants/Defendants and Respondent/Plaintiff are the Class II legal heirs of the Applicants/Defendants. 5. The learned counsel for the Applicants/Defendants submitted that as per the aforesaid order dated 30.07.2024, the Applicants/Defendants have deposited 1/4th share of the Rental Amounts to the Respondent/Plaintiff. The learned counsel also filed a Statement of Accounts for the period from September 2024 to March 2025 submitted by the 2nd Applicant/2nd Defendant before this Court. 6. The learned counsel for the Respondent/Plaintiff submitted that the Applicants/Defendants have not furnished the true accounts in as much as they are receiving rents without any proper rental agreement and receipts. 6.1. The learned counsel for the Respondent/Plaintiff further submitted that on enquiry from the tenants, it has come to the knowledge of 3/6 https://www.mhc.tn.gov.in/judis the Respondent/Plaintiff that the Applicants/Defendants have been receiving higher rents from the tenants, but, no statement has been furnished by the Applicants/Defendants in this regard. Only a meagre part of the Rental Amounts has been deposited by the Applicants/Defendants. 6.2. That apart, the learned counsel for the Respondent/Plaintiff submitted that the Applicants/Defendants have not duly complied the directions issued by this Court in the aforesaid order dated 30.07.2024. 7. Heard the learned counsel on either side. 8. There cannot be no objection for depositing the rental income as directed by the Court. Even though there has been a delay on part of the Applicants/Defendants in depositing the rental income, the direction issued by this Court in the aforesaid order dated 30.07.2024 has to be complied in Letter and Spirit. 9. Whether indeed the rental value has been suppressed by the Applicants/Defendants or not is a matter of evidence. It is always open to the Respondent/Plaintiff to let in appropriate evidence before the trial Court at the time of trial to recover the rental income if any due. 10. In view of the above, this Court is inclined to allow this Application. Accordingly, this Application is allowed. 4/6 https://www.mhc.tn.gov.in/judis 11. The Applicants/Defendants are directed to deposit the Rental Amounts due for the period from September 2024 to April 2025 to the credit of T.O.S.No.39 of 2023, within a period of one week from today and also, directed to regularise the subsequent payments pending trial of T.O.S.No.39 of 2023. On such deposit of Rental Amounts by the Applicants/Defendants, the Respondent/Plaintiff can withdraw the same. 07.04.2025 mrr 5/6 https://www.mhc.tn.gov.in/judis C.SARAVANAN, J. mrr Application No.1465 of 2025 in T.O.S.No.39 of 2023 07.04.2025 6/6 https://www.mhc.tn.gov.in/judis