1 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-04-2025 CORAM THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI SA No. 33 of 2025 AND CMP NO. 676 OF 2025,SA NO. 36 OF 2025,CMP NO. 736 OF 2025 CMP.No.33 of 2025 1. Sundaraj Nirmala W/o. Ravindran No. 202/F4, 4th Cross Street, Natesan Nagar, Virugambakkam, Chennai 092 Sole Appellant guardian of R9 by Representing him & his estate including he suit property with the power of alienation. Appellant(s) Vs 1. T.R.Tirupurasundari (Died) W/o. Ranganathan No.19, Kariappa Street, Purasavakkam Chennai 007, T.Rathinavelu (Deceased) T.R.Palanivelu (Deceased) 2.Jitendra Kumar S/o. Inder Chand No.19, Kariappa Street, Purasavakkam, Chennai 007 3.Kamal Kumar S/o. Rajendra Babu No.33, Tana https://www.mhc.tn.gov.in/judis 2 Street, Purasavakkam, Chennai 007 4.Vimal Kumar S/o. Rajendra Babu, No.33, Tana Street, Purasavakkam, Chennai 007 S.Nagarathinam (Deceased) 5.T.R.Rajarathinam W/o. Rajasekaran, No.19, Kariappa Street, Purasavakkam, Chennai 007 6.P.Banumathi W/o. T.R.Palanivelu, Door No. 19/1, New No. 52/1, Kariappa Street, Purasavakkam, Chennai 007 7.P.Rajalakshmi D/o. T.R.Palanivelu, Door No. 30/8, Srinivasa Mudali Street, Perambu, Chennai 11 8.P.G.Subramani S/o. T.R.Palanivelu, Door No. 19/1, New No. 52/1, Kariappa Street, Purasavakkam, Chennai 007 9.S.Baskaran S/o. Late.V.B.Sundararaj Door No. 7-A, 2nd Street, 1st Main Road, Natesan Nagar, Virugambakkam, Chennai 92 R9 Rep by his sister sole appellant Sundaraj Nirmala, 72 years W/o.Ravindran No. 202/F4, 4th Cross Street, Natesan Nagar, Virugambakkam, Chennai 092. https://www.mhc.tn.gov.in/judis 3 10. R.Ganesh kumar S/o.Ranganathan No.19, Kariappa Street Purasavakkam, Chennai – 600 007. 11. Hemalatha Ravi D/o.Ranganathan A17/2 Olympick Colony 3rd Cross Street, Chennai – 600 050. Rl died, R10 & R11 are brought on record as LRs of the deceased R1 vide Court order dated 28.04.2025 made in CMP.Nos.10343 of 2025 in S.A.No.33 of 2025 R9 Rep by sole Appellant vide Court order dated 28.04.2025 made in CMP.No.10766 of 2025 in S.A.No.33 of 2025 Respondent(s) A No. 33 of 2025 PRAYER Appeal Against the judgement and decree passed by the VII Addl.City Civil Court at Chennai dated 02-01-2023 in AS.No.151/2015 Reversing the judgement and decree passed by the II Asst.City Civil Court, Chennai, dated 09-02-2015 in OS.No.4621/2000. https://www.mhc.tn.gov.in/judis 4 CMP.No.36 of 2025 1. Sundaraj Nirmala W/o. Ravindran No. 202/F4, 4th Cross Street, Natesan Nagar, Virugambakkam, Chennai 092 Sole Appellant guardian of R9 by Representing him & his estate including he suit property with the power of alienation. Appellant(s) Vs 1. T.R.Rajarathinam W/o. Rajasekaran, No.19, Kariappa Street, Purasavakkam Chennai 007, T.Rathinavelu (Deceased) T.R.Palanivelu (Deceased) 2.Jitendra Kumar S/o. Inder Chand No.19, Kariappa Street, Purasavakkam, Chennai 007 3.Kamal Kumar S/o. Rajendra Babu No.33, Tana Street, Purasavakkam, Chennai 007 4.Vimal Kumar S/o. Rajendra Babu, No.33, Tana Street, Purasavakkam, Chennai 007 S.Nagarathinam (Deceased) 5.T.R.Tirupurasundari (Died) W/o. Ranganathan, https://www.mhc.tn.gov.in/judis 5 No.19, Kariappa Street, Purasavakkam, Chennai 007 6.P.Banumathi W/o. T.R.Palanivelu, Door No. 19/1, New No. 52/1, Kariappa Street, Purasavakkam, Chennai 007 7.P.Rajalakshmi D/o. T.R.Palanivelu, Door No. 30/8, Srinivasa Mudali Street, Perambu, Chennai 11 8.P.G.Subramani S/o. T.R.Palanivelu, Door No. 19/1, New No. 52/1, Kariappa Street, Purasavakkam, Chennai 007 9.S.Baskaran S/o. Late.V.B.Sundararaj Door No. 7-A, 2nd Street, 1st Main Road, Natesan Nagar, Virugambakkam, Chennai 92 R9 Rep by his sister sole appellant Sundaraj Nirmala, 72 years W/o.Ravindran No. 202/F4, 4th Cross Street, Natesan Nagar, Virugambakkam, Chennai 092. 10. R.Ganesh kumar S/o.Ranganathan No.19, Kariappa Street Purasavakkam, Chennai – 600 007. https://www.mhc.tn.gov.in/judis 6 11. Hemalatha Ravi D/o.Ranganathan A17/2 Olympick Colony 3rd Cross Street, Chennai – 600 050. R5 died, R10 & R11 are brought on record as LRs of the deceased R5 vide Court order dated 28.04.2025 made in CMP.Nos.10347 of 2025 in S.A.No.36 of 2025 R9 Rep by sole Appellant vide Court order dated 28.04.2025 made in CMP.No.10767 of 2025 in S.A.No.36 of 2025. Respondent(s) SA No. 36 of 2025 PRAYER Appeal Against the judgement and decree passed by the VII Addl.City Civil Court at Chennai dated 02-01-2023 in AS.No.145/2015 Reversing the judgement and decree passed by the II Asst.City Civil Court, Chennai, dated 09-02-2015 in OS.No.4621/2000. SA No. 33 of 2025 For Appellant(s): Mr.P.Valliappan Senior Counsel For M/s. Pv Law Associates For Respondent(s): R1 - No More Mr.P.Udhayakumar For R2 Mr.R.Sivaraman For R3 And R4 Mr.Hemanth Kumar For M/s Ganesh And Ganesh https://www.mhc.tn.gov.in/judis 7 For R5 M/s.A.Sumathy For R6 To R8 R9 - Rep By Appellant In Person SA No. 36 of 2025 For Appellant(s): Mr.P.Valliappan Senior Counsel For M/s. Pv Law Associates For Respondent(s): Mr.Hemanth Kumar For M/s Ganesh And Ganesh For R1 Mr.P.Udhayakumar For R2 Mr.R.Sivaraman For R3 And R4 M/s.A.Sumathy For R6 To R8 R5 - No More R9 - Rep By Appeallant In Person COMMON JUDGMENT Today, when the matter is taken up for hearing, both side counsel have appeared before this Court. The appellant and the respondents 6,7, 8 and 10 have appeared in person before this Court. In respect of R9 Baskaran, who is mentally disabled person as on date, therefore, the appellant is taken care of R9. She was enquired by this Court. Further, she filed an applications in CMP.Nos.10766 & 10767 of 2025 to appoint https://www.mhc.tn.gov.in/judis 8 as guardian of the 9th respondent/Baskaran and the said applications are allowed. Further, she is appointed as guardian of Baskaran and agreed to take care of his brother till his life time and the same was recorded by this Court. The Joint memo of compromise was filed by the parties before the Tamil Nadu Mediation and Conciliation Centre, Chennai attached to this Court on 22.04.2025 and the same was recorded. 2. Further, the three tenants have refused to vacate the premises, they have demanded more money. As per the new Act, the tenant to vacate the premises within a period of six months limitation. Therefore, the parties are directed to take steps to vacate tenant, within a period of six months from the date of receipt of copy of this order. However, buyers also entitled to purchase the property subject to the tenancy. 3. Considering the joint memo of compromise filed by both parties, these Second Appeals stand disposed of and the terms of joint memo of compromise shall form part and parcel of this decree. Consequently, https://www.mhc.tn.gov.in/judis 9 connected miscellaneous petitions are closed. No costs. 28.04.2025 msrm Note :- Issue order copy on 05.05.2025 Speaking / Non Speaking order Neutral Citation : Yes/No Index :Yes/No To 1. The VII Additional City Civil Court, Chennai. 2. The II Assistant City Civil Court, Chennai. 3. The Section Officer, VR Section, High Court of Madras. https://www.mhc.tn.gov.in/judis 10 T.V.THAMILSELVI,J. msrm S.A.Nos.33 & 36 of 2025 CMP Nos.676 & 736 of 2025 28.04.2025 (5/5) https://www.mhc.tn.gov.in/judis