K. Valarmathi & Ors. Vs. Kumaresan (Supreme Court of India)
Central Issue: Whether the High Court could reject a plaint in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India.
Background of the Case:
– The appellants were the legal heirs (wife and daughters) of one Kathiresan (deceased).
– Kathiresan had purchased land using his own funds but registered it in the name of his nephew, the respondent Kumaresan, based on astrological advice.
– Kathiresan remained in possession of the land during his lifetime, and the appellants claimed to have continued possession after his death.
– Disputes arose, and Kumaresan initiated negotiations to sell the land.
– The appellants filed a suit (O.S. No. 1087 of 2018) seeking a declaration of title and an injunction against Kumaresan from encumbering the land.
– Kumaresan filed petitions before the High Court under Article 227 seeking the rejection of the plaint.
– The High Court, through the impugned order, rejected the plaint, holding that the suit was barred by the Prohibition of Benami Property Transactions Act, 1988.
Judgment of the Supreme Court:
The Supreme Court allowed the appeal and set aside the judgment of the High Court. Justice Joymalya Bagchi, writing the judgment for the Bench, held that the High Court erred in rejecting the plaint under its supervisory jurisdiction under Article 227.
