Big blow to MAM’s adopted son

Justice CV Karathikeyan dismissed the plea after holding, “In the present case, the plaintiff (NAMR Muthiah) had instituted the suit on the basis of an earlier suit. The earlier suit itself is vexatious and frivolous. The order passed worsened the situation. Basing the same as cause of action, the present suit has been filed. The defendant (Kumara Rani Meena Muthiah) is a co-owner in her own right as a member of the family. Her right has been recognized in the will executed by the late Rajah Sir Muthiah Chettiar. She has been in continuous possession. The plaintiff has not established that he is in possession of the suit properties. He has also not established that there is an imminent threat of dispossession.” 

The property involved in the litigation is undivided 7/16th share of about 38 grounds and 2,274 square feet in the land and building known as Guest House on Greenways Road in the compound of Chettinad House, RA Puram.

According to Muthiah, the property originally belonged to the late Rajah Sir Muthiah Chettiar, the father of the late MAM Ramaswamy. He had settled an undivided 7/8th share in favour of Sigappi Achi, the wife of MAM Ramaswamy. Sigappi Achi died on March 24, 2006. Hence, as adopted son, he is entitled to an undivided 7/16th share, the other 7/16th share having devolved in to his adoptive father, the late MAM Ramaswamy who survived his wife Sigappi Achi. 

The judge, in his order, also noted that the very basis of the familial relationship which Muthaih claims in this suit, has been challenged by his own adoptive father and hence he has to establish his legal entitlement by proving the same in a manner known to law.