Tmt.T.Suriyakumari And Another v. Diwakar And 8 Others
A.No.818 of 2022 in C.S.No.631 of 2012 V. BHAVANI SUBBAROYAN, J.
Application No.818 of 2022 has been filed to direct the 1st defendant/1st respondent herein to hand over the grey coloured steel bureau with mirror on it along with the articles which are morefully described in the schedule hereunder to the applicant herein within stipulated time. 2.It was submitted by the applicants that they are the defendants 3 and 8 in the suit and until their father's death, they were living at Door No.41/81, Mint Street, Chennai. After the filing of an Application No.4295 of 2021, she came to know that her brother had shifted his residence from the above said address to Anna Nagar, Chennai. The applicant had given a Police complaint on 15.02.2019 against her brother Suresh and Auditor Mr.
Sridhara Rao staing that one steel bureau gifted by her father at the time of her marriage was kept in the first floor of Door No.41/81, Mint Street, Chennai in which she used to keep valuable jewels, cash and other documents under lock and key of her deceased father and after his death the possession and custody of the key of the said bureau was with her mother.
parents house, she used to open the same and take necessary jewels and articles and the bureau is still in the above said address. She presumes that the brother would have taken all the articles and the steel bureau and would have remove the same as the same belongs to her and it was given to her in way of "Stridhana property" and the applicant submits that they threatened the applicants to enter into compromise with them by way of receiving a paltry sum of Rs.2,00,000/-.
3.Learned counsel further submits that the steel bureau gifted to her is in the custody and possession of her brother T.Suresh and prayed this Court to direct the first defendant/respondent handover the grey colour steel bureau with mirror along with the articles shown in the schedule within a stipulated time.
4.Learned counsel appearing for the first defendant/respondent submits that the bureau is still in Door No.41/81, Mint Street, Chennai and his client only had shifted his residence to Anna Nagar, Chennai and nobody is residing in the said premises and the bureau is in the lock and key and the key of the said premises is with Mr.T.Suresh and submits that they have no objection to 2/4
takeaway her bureau belongs to her and they have no knowledge about what are the articles found inside the said bureau and the key of the said bureau always was under the custody and possession of their father and the mother. 5.Heard both sides.
6.Learned counsel appearing for the first respondent/defendant further submits that they are willing to handover the grey colour steel bureau with mirror at any time.
7.Considering the submissions made by the learned counsel appearing on either side, this Court is of the view that the applicant is at liberty to go to the said premises and takeaway the said bureau. Accordingly, the application is allowed and the first defendant is directed to handover the said bureau to the first applicant by opening the lock of the house within a period of one week from the date of receipt of a copy of this order. 8.Post the matter in the usual course.
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V. BHAVANI SUBBAROYAN, J.
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