Kamal Ghorui
In a major relief to producer Boney Kapoor and daughters Janhvi Kapoor and Khushi Kapoor, the Madras High Court has dismissed a civil suit filed over a Chennai property that was purchased in the name of late actress Sridevi in 1988.According to Bar and Bench, the High Court set aside an earlier Chengalpattu court order that had refused to reject the plaint filed by MC Sivakami, MC Natarajan and Chandrabhanu. Justice T V Thamilselvi allowed the civil revision petition moved by Boney Kapoor and his daughters in the case titled Boney Kapoor Vs C Sivakami.
What was the dispute about?
The case revolved around a 2.70-acre land parcel in Sholinganallur, Chennai. The plaintiffs had claimed to be the legal heirs of late MC Chandrasekaran and sought partition rights over the property.They also challenged the sale deeds executed in favour of Sridevi, her mother and sister in 1988, claiming the sellers allegedly had no valid title over the land.According to the plaintiffs, the land originally belonged to MC Sambanda Mudaliar, who had bought large extents of land in the area in 1943. They further claimed they only became aware of the alleged fraud in 2023 after a patta was issued in favour of Boney Kapoor, Janhvi Kapoor and Khushi Kapoor.
High Court calls claim ‘unbelievable’
Boney Kapoor and his daughters moved the High Court seeking rejection of the plaint under Order VII Rule 11 of the Code of Civil Procedure.The Kapoors argued that the plaintiffs were not Class I legal heirs of MC Chandrasekaran and also pointed out that Chandrasekaran himself never challenged the 1988 sale deeds during his lifetime. While Chandrasekaran passed away in 1995, the suit was filed only in 2025.The High Court agreed with the Kapoors and observed that the suit had been filed almost four decades after the sale deeds were executed, making it barred by limitation.
The Court also noted that the plaintiffs failed to disclose that Chandrasekaran’s first wife Banumathi was alive at the time of his death. It further pointed out that the legal heir certificate relied upon by the plaintiffs had already been cancelled.“So, the legitimate claim made by the plaintiffs is that they are legal heirs of deceased Chandrasekaran is also not sustainable in law,” the Court observed.Rejecting the plaintiffs’ claim that they came to know about the property transaction only in 2023, the Court stated, “Furthermore, it is totally unbelievable that they came to know about the said purchase in the name of Sridevi only in the year 2023.”
Court terms suit ‘vexatious’
The Court further observed that after Sridevi’s demise, the property lawfully devolved upon Boney Kapoor, Janhvi Kapoor and Khushi Kapoor.Calling the case a vexatious attempt to grab the property, the Court remarked, “Only to grab the property, with vexatious claim, by abusing process of law they came forward with the present suit for the relief of partition.”The High Court eventually allowed the revision petition filed by the Kapoors, set aside the trial court’s earlier order and rejected the plaint.
