Amala Buela v. J. Monika

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2026

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and CMP.No.8421 of 2026

1. Amala Buela W/o Late Francis Xavier, No 15/13, Pycrofts Nagar, Cenotaph 1st Lane, Chennai 600 018.

Petitioner(s) Vs

1. J. Monika W/o John Christy, No 15/13, Pycrofts Nagar, Cenotaph 1st Lane, Chennai 600 018.

2.Carmel Salomi W/o. Charles Thamburaj, Quarters at 497, YMCA College of Physical Education, Near SPIC Ground, Nandanam, Anna Salai, Chennai 035.

3.Martina Charles W/o. Viswanathan, Quarters at 497.

YMCA College of Physical Education, Near SPIC Ground, Nandanam, Anna Salai, Chennai 35.

4.Santhosh Raj S/o. Charles Thamburaj, Quarters at

497. YMCA College of Physical Education, Near SPIC Ground, Nandanam, Anna Salai, Chennai 35.

Respondent(s)

PRAYER Civil Revision Petition filed under Article 227 of Constitution of India, prays to set aside the Fair and Decretal order dated 15.12.2025 in IA No.8 of 2025 in OS No.799 of 2022 on the file of V Assistant Judge, City Civil Court, Chennai. For Petitioner(s):

MR. K.Moorthy For Respondent(s):

ORDER

Challenging the impugned order passed by the trial Judge in I.A. No. 8 of 2025 in OS No.799 of 2022 on the file of V Assistant City Civil Court, Chennai, the second defendant has preferred this Civil Revision Petition.

2. The learned counsel for the revision petitioner submitted that the petitioner has filed an application before the trial Court seeking rejection of the plaint. He also contended that the suit property still belongs to the Slum Clearance Board and that no sale deed was executed in favour of Mrs. Arokya Mary or her legal heirs. He further contended that the suit is barred under Sections 65, 29(1)(a) & (b) and 67 of the Tamil Nadu Slum Areas (Improvement and Clearance) Act and that the Civil Court lacks jurisdiction.

3. The trial Court, upon considering the records, found that Arokya Mary had paid the entire dues to the Board and obtained a No Objection Certificate from the TNSCB for obtaining Water, Sewerage and Electricity connection and for construction of building and utility connections. She constructed the house

and was allotted the property as early as in 1989. Hence, she became the absolute owner of the property.

4. The present suit is one for permanent injunction, and therefore, the grounds raised for rejection of the plaint are not sustainable. The order of the trial Court requires no interference.

5. However, liberty is granted to the parties to implead the Slum Clearance Board as a party, if necessary. Both parties are directed to proceed with the trial. Accordingly, the Civil Revision Petition is dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 01-04-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.J. Monika W/o John Christy, No 15/13, Pycrofts Nagar, Cenotaph 1st Lane, Chennai 600 018.

2.Carmel Salomi W/o. Charles Thamburaj, Quarters at 497, YMCA College of Physical Education, Near SPIC Ground, Nandanam, Anna Salai, Chennai 035.

3.Martina Charles W/o. Viswanathan, Quarters at 497.

YMCA College of Physical Education, Near SPIC Ground, Nandanam, Anna Salai, Chennai 35.

4.Santhosh Raj S/o. Charles Thamburaj, Quarters at

497. YMCA College of Physical Education, Near SPIC Ground, Nandanam, Anna Salai, Chennai 35.

5. The V Assistant Judge, City Civil Court, Chennai.

6. The Section Officer, VR Section, High Court of Madras.

T.V.THAMILSELVI J.

rri 01-04-2026