Nithin Raja vs. S.Padmasankar

BEFORE THE ADDITIONAL MASTER IV, HIGH COURT, MADRAS C.S.No.8 OF 2021

Date : 15.03.2024 Time : 03.30 P.M.

Name : Mr. Nithin Raja (PW1)

Cross Examination by Mr. R. Venkatavaradan, Learned Counsel for the defendant.

Solemnly affirmed:

Q1: You have filed this suit for declaration and the plaintiff is entitled to 1/5 th share in schedule A and schedule B of the plaint, on the ground that they are ancestral properties? A: Yes.

Q2: Can you tell the court when you became aware of the schedule mentined property?

A:I became aware of it after I attained majority.

Q3: In which year did you become a major? A: In 2020.

Q4: Can you please tell the court how you came to know that the schedule mentioned properties were ancestral properties?

A: I came to know that the properties were ancestral properties through my maternal grandfather who is a relative to the defendants.

Q5: You have filed Ex.P9 which is a final order delivered on 18.04.2017 in company appeal no.9/2015, were you a party to this proceedings? A: No, I was not a party to this proceedings.

Q6: How did you get to know about this final order in Company Appeal No.9/2015?

A: My grandfather told me.

Q7: Your grandfather had informed you that the schedule mentioned properties were ancestral properties and therefore had issued the notice to defendants 1 and 2 through Ex.P4. Is it correct? A: Yes.

Q8: There was also a reply dated 30.10.2009 sent to this notice, Ex.P5. Is it correct?

A: Yes.

Q9: After receiving this reply dated 30.10.2009, did your grandfather who had sent the notice on your behalf initiate any action for claiming your rights over the schedule mentioned properties? A: No.

Q10: You have mentioned the MoU dated 14.09.1982 (wrongly mentioned as 04.09.1982 in your proof affidavit), 19.01.1984 and 29.03.1997 in para 12 and 13 of your proof affidavit. Is it correct? A: Yes.

Q11: You have relied on these MoUs to assert that the schedule mentioned properties are ancestral properties. Is it correct? A: Yes.

Q12: Apart from the above three documents mentioned in para 12 and 13, is there any other proof to justify that the properties are ancestral properties? A: The Sale Deed dated 02.04.1943, Ex.P1. From the reading of the said sale deed that shows it was purchased in the name of the partnership firm and not in the name of any individual. Further the disolution deed dated 19.06.1976 (Ex.P16) and Rectification dated 01.03.1981 (Ex.P2), the defendants got the properties.

Q13: Can you please explain to the court and elaborate on what exactly was the ancestral nucleus from which the schedule mentioned properties are supposed to have been developed/purchased?

A: The company was started by the father of the 2 nd defendant, Mr.Perumal Chettiar, through that company and other ventures the defendants got all the properties.

Q14: Please see the list of companies mentioned in schedule A of the plaint. There are five companies mentioned in the schedule A. Have all the five companies according to you have been started by Perumal Chettiar, father of the 2nd defendant?

A: These are the events I was not even aware as I was not born at that point of time.

Q15: You have filed Ex.P9, which is the final order in C.A.No.9/2015. Have you gone through this order before filing it as an exhibit before this court?

A: I have glanced through the order.

Q16: Please see page 33 of Ex.P9, which is concerning one of the companies namely M/s.Devi Polymers Pvt. Ltd., Does it mention that this company was started by Late.Perumal Chettiar? A: No.

Q17: You have mentioned it in your proof affidavit in para 2 that your mother got remarried. Can you please tell the court, when she got remarried?

A: I do not remember the exact date.

Q18: Have you attempted to speak to your father or tried to contact him prior to the filing of this suit?

A: I had sent a letter dated 08.02.2020 (Ex.P6).

Q19: I suggest and I put it to you that there is no evidence submitted by you to show that the schedule mentioned properties in the plaint are ancestral properties.

A: I deny.

Time: 03.58 P.M.

Taken down in open Court, read over and explained to the witness and the same is admitted by the witness to be true and correct and signed before me.

ADDITIONAL MASTER-IV