R.N.Mahalinga Nadar & Co., v. A.K.Iyappan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MS.JUSTICE R.POORNIMA and C.M.P.(MD)No.12458 of 2018 1.R.N.Mahalinga Nadar and Co., Through R.Mahalinga Nadar, 71, East Masi Street Madurai 625 001.

2.K.Alagarsamy ... Appellants Vs.

1.A.K.Iyappan For Himself and as Trustee of Samayakone Trust, S/o.A.Kuppusamy Konar, Trustee, T.Samayakone Trust, 3, Vengalakadai 1st Lane, Madurai - 625 001.

Rukumani (Died) (Exonerated) Poonsolaimalai (Died) 2.Venkatesan Ammapillai Ammal (Died) 3.Rajamani 4.Sarojini 1/9

5.Meenkakshi S.Thirumalai @ Mani (Died) 6.S.Ramachandran 7.S.Govindan 8.S.Manickam 9.S.Srinivasan 10.Saraswathi 11.Rani 12.Jeya 13.Ravi C.Arthur (Died) 14.S.Suriyakanthi Ammal E.M.S.Mohan (Died) 15.E.M.S.Sukumaran E.M.S.Paramasivam (Died) 16.E.M.S.Sudhakar E.M.S.Manikandan (Died) 17.E.M.S.Senthilkumari 18.E.M.S.Velmurugan 19.Thavamani 20.Moorthy V.Chellaih (Died) R.Muniammal @ Selvarathi (Died) 22.K.Pappathi Ammal 23.K.Vairamuthu (Exonerated) 2/9

24.Jeyalakshmi Trading Co., (Exonerated), Through one of its Partners, Murugan, Business At 2, Vengalakadai Strett, 1st Lane, Madurai - 625 001.

25.G.Balasubramanian Traders (exonerated), Through one of its Partners, Subbaiah, Business At 2, Vengalakadai Street, 1st Lane, Madurai - 625 001.

26.Thayagam Traders (exonerated), Through one of its Partners, Rajasekaran Business At 2, Vengalakadai Street, 1st Lane, Madurai - 625 001.

27.Super Star Chemicals (exonerated), Through one of its Partners, James, Business At 2, Vengalakadai Street, 1st Lane, Madurai - 625 001.

28.Dhakshinamoorthy (exonerated), Proprietor, Senthil Traders, Business At 2, Vengalakadai Street, 1st Lane, Madurai - 625 001.

29.Jeyamani Trading Company (exonerated), Through one of its Partners, Jeyamani, Business At 2, Vengalakadai Street, 1st Lane, Madurai - 625 001.

30.Sri Andavar & Co., (exonerated), Through one of its Partners, Mahendran, Business At 3-A, Vengalakadai Street, 1st Lane, Madurai - 625 001.

31.S.Sundaresan (exonerated) 32.Mariammal (exonerated) 3/9

33.S.Siddharthan (exonerated) 34.S.Sridharan (exonerated) 35.Ramasamy Pillai (exonerated) 36.V.Subbiah (exonerated) 37.S.Mariappan (exonerated) 38.Ramaiah Chettiar (exonerated) 39.S.Muthu (exonerated) 40.A.Dhanabalan (exonerated) 41.R.Ethiraj (exonerated) 42.S.Lakshmi Ammal (exonerated) 43.R.Nagendran (exonerated) 44.P.Murugan (exonerated) 45.L.Nachimuthu Chettiar (exonerated) 46.N.Murugesan (exonerated) 47.S.Liyakath Ali 48.V.Santhanam Ambalam (exonerated) 49.V.Ambalam @ Muthukaruppan (exonerated) 50.V.Chinnasamy Ambalam (exonerated) 51.Ramu Thevar (exonerated) 4/9

52.The Executive Officer, Arulmigu Kallalagar Thirukovil, Alagarkovil, Melur Taluk, Madurai District.

53.The Madurai City Municipal Corporation (exonerated), Through its Commissioner, Anna Maligai, Alagarkoil Road, Madurai 625 002.

54.Kala 55.Karmegam (exonerated) 56.Kannan (exonerated) 57.S.K.M.Coffee Bar, Through its Proprietor, East Masi Street, Madurai.

58.S.Rajapillai (exonerated) 59.M.Achikannu 60.M.Sakthi Devi 61.M.Gayathiri 62.Minor M.Sudharsan, Rep. by his Mother and Natural Guardian, M.Aachikannu.

63.S.Seethalakshmi 64.Jeyaprakash 65.Velmurugan 66.P.Muthulakshmi 67.P.Senthamil Selvam 5/9

68.P.Prabakaran 69.P.Divya 70.Latha Mangesh 71.Minor M.Rajkiran, Rep by his Mother and Natural Guardian, Latha Mangesh.

72.Minor M.Suriya Rep by his Mother and Natural Guardian, Latha Mangesh.

73.M.Selvaraj 74.S.Prabhu 75.A.Kalpana 76.A.Vasu 77.J.Latha 78.A.Thiruppathi ... Respondents Prayer : Appeal Suit filed under Order 41 Rules 1 and 2 r/w. Section 96 of Civil Procedure Code, to set aside the judgment and decree dated 03.03.2018 passed in O.S.No.356 of 2004 by the learned IV Additional District Judge, Madurai.

For Appellants : Mr.A.P.Athithan For Respondents : Mr.H.Arumugam for R1 Mr.I.Joshuva for R21 6/9

JUDGMENT

(Judgment of the Court was delivered by G.R.Swaminathan, J.) In view of the judgment and decree dismissing A.S.(MD)No.163 of 2018, A.S.(MD)No.20 of 2020 and A.S.(MD)No.122 and 277 of 2021, the learned counsel for the appellants on instructions concedes that the appellants recognize Samayakone Trust as their landlord. They further undertake to pay rental arrears from March, 2018 and be prompt in paying future rents directly to the trust. We grant liberty to the plaintiff / trust to treat the appellants as their tenants and deal with them in the manner known to law. The disposal of this appeal will not come in the way of the suit trust from exercising its right as a landlord of the suit property.

2.This appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.S. J.,) & (R.P. J.,) 03.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias/skm 7/9

To:

The IV Additional District Court, Madurai.

Copy to:

The Section Officer, ER/VR Section, Madurai Bench of Madras High Court, Madurai.

8/9

G.R.SWAMINATHAN, J.

and R.POORNIMA, J.

ias/skm 03.03.2026 (2/2) 9/9