1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2022
CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
C.S.No. 363 of 2020
Shri R.Ashwin ...Plaintiff
Vs.
Smt. Kavitha Ravanan ...Defendant
Prayer : Petition filed under Order VII Rule 1 CPC read with Order IV Rule
1 of OS Rules, to pass a Judgment and Decree against the defendants;
a) to direct the defendant to pay the plaintiff the sum of
Rs.1,35,67,123/- together with subsequent interest at 12% per annum from
the date of plaint till the date of realisation;
b) awarding costs of the suit;
***
For plaintiff : Mr. T.Ravichandran
For defendant: set exparte
https://www.mhc.tn.gov.in/judis
2
ORDER
The defendant's husband Ravanan, who runs a real estate business claimed that he was the absolute owner of lands near Kamatchi Hospital, Pallikkaranai in Old S.No. 50/2A 1B, 54/1A (part), 54/1B (Part), 56/2 (part), 54/2 measuring 42.5 cents at Kovilambakkam Village, Sholinganallur Taluk, Kanchipuram District.
2. The plaintiff sought to purchase the said lands for a total consideration of Rs.10.50 Crores. The plaintiff had parted with an advance of Rs.1/- Crore. Evidence for the same is produced in the form of a bank transfer statement of State Bank of India which had marked as Ex.P-2. Thereafter, the defendant stated that there were some existing mortgages on the property which had to be discharged. The defendant actually entered into an agreement of sale which was markd as Ex.P-3. The plaintiff was insistent that the entire money due on the mortgage should be paid to the mortgagee. The husband of the defendant was not agreeable to this. Thereafter, when refund of the advance amount of Rs.1/- crore was sought, the husband of the defendant stated that the property was being developed and promised allotment of two flats. The documents relating to this aspect were marked as https://www.mhc.tn.gov.in/judis 3 Exs.P-45 and P-46. However, the registration of the two flats in the name of the plaintiff was not done and therefore, the plaintiff neither got the land nor did he get the flats nor did he get the refund of advance amount. It was for this purpose, he filed the suit seeking recovery of the amount.
3. To substantiate the averments in the plaint, the plaintiff examined as a witness, PW-1, who was the authorised agent of the plaintiff. It must be mentioend that the power of attorney was dated 01.08.2008 and was much prior to the transactions involved in the present suit. Therefore a reasonable presumption can be drawn that the agent would have direct knowledge about the transactions mentioned in the suit.
4. The suit summons was issued to the defendant. The learned Master recorded completion of service on 21.02.2022. The defendant did not appear before the Court. The defendant was set ex-parte on 25.04.2022. Evidence as aforesaid had been adduced by the plaintiff.
5. I hold that the plaintiff had made out a case for grant of decree particularly in view of Ex.P-2, which shows transfer of amount to the account of the defendant, naturally making her liable to repay the amount. https://www.mhc.tn.gov.in/judis 4
6. In view of these facts, the suit is decreed as prayed for with costs.
15.09.2022 Index:Yes/No Web:Yes/No vsg Speaking/Non Speaking Order
1. List of Witnesses Examined on the side of the Plaintiff:-
1. P.W.1 – Mrs. R.Chitra (Plaintiff)
2. List of Exhibits Marked on the side of the Plaintiff:-
1. Ex.P1 is the original power of attorney dated 01.08.2008
2. Ex.P2 is the certified copy of the Pass Book Entry dated 30.06.2017;
3. Ex.P3 is the Original Agreement dated 30.06.2017;
4. Ex.P4 is the printout of the email of allotment of flats dated 26.09.2018;
5. Ex.P5 is the original allotment letter from Sobha for flat No.B-132 is shifted to flat No.B-142 dated 23.01.2020;
6. Ex.P6 is the original allotment letter from Sobha for flat No. A-131 is shifted to flat No.A-141 dated 23.01.2020;
7. Ex.P7 is the printout of the email sent on 15th and 16th June, 2020;
8. Ex.P8 is the affidavit of 65B.
15.09.2022 vsg https://www.mhc.tn.gov.in/judis 5 C.V.KARTHIKEYAN, J.
Vsg C.S.No. 363 of 2020 15.09.2022 https://www.mhc.tn.gov.in/judis