Madras High Court
S.Dhanasekharen vs Mr.A.Vijayakant on 4 August, 2021
C.S.No.115 of 2020 and
O.A.No.156 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2021
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
C.S.No.115 of 2020 and
O.A.No.156 of 2020
1.
S.Dhanasekharen
2.D.Sasirekha
... Plaintiffs
-Vs.-
1.Mr.A.Vijayakant
2.Mrs.V.Premalatha ... Defendants
Prayer: Civil Suit filed under Order IV Rule 1 of the Original Side Rules
and under Order VII Rule 1 of the Code of Civil Procedure, praying to
pass a judgment and decree in favour of the plaintiffs and as against the
defendants:
a) directing the defendants to jointly and severally pay the plaintiffs
a sum of Rs.7,72,68,667/- (Rupees Seven Crores Seventy Two Lakhs Sixty
Eight Thousand Six Hundred and Sixty Seven only) together with interest
at the rate of 24% per annum on Rs.5,50,00,000/- from the date of the
https://www.mhc.tn.gov.in/judis/
C.S.No.115 of 2020 and
O.A.No.156 of 2020
plaint till the date of realisation.
b) Permanent injunction forbearing the defendants, their men,
agents, servants or anyone claiming under them or acting on their behalf
from alienating or encumbering the plaint schedule property without
settling the suit claim to the plaintiffs.
c) directing the defendants to pay the costs of the suit.
For Plaintiffs : Mr.B.Arvind Srevatsa
For Defendants : Ex parte
Judgment
The present Civil Suit has been filed by the plaintiffs for directing
the defendants to jointly and severally pay the plaintiffs a sum of
Rs.7,72,68,667/- (Rupees Seven Crores Seventy Two Lakhs Sixty Eight
Thousand Six Hundred and Sixty Seven only) together with interest at the
rate of 24% per annum on Rs.5,50,00,000/- from the date of the plaint till
the date of realisation and for Permanent injunction forbearing the
defendants, their men, agents, servants or anyone claiming under them or
acting on their behalf from alienating or encumbering the plaint schedule
property without settling the suit claim to the plaintiffs.
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C.S.No.115 of 2020 and
O.A.No.156 of 2020
2. The case of the plaintiffs is that the second defendant approached
the first plaintiff with an offer to sell an immovable property measuring to
a total extent of 4.52 Acres in S.No.11 and S.No.7/1 in Number.89,
Thirunageshwaram Village, Kancheepuram District, for a sale
consideration of Rs.10,00,000/- per cent and for the total extent of 4.52
Acres, the sale consideration was Rs.45,20,00,000/-. The second defendant
represented that the defendants are the absolute owner of the schedule
mentioned property. The defendants handed over a copy of two Registered
Sale Deeds, both dated 09.10.2007, registered as Document No.12313 ad
12314 of 2007 in the office of the Sub-Registrar, Kunrathur. According to
the plaintiffs, they have paid Rs.5,50,00,000/- towards advance for the
purchase of the schedule mentioned property and the plaintiffs were also
ready to pay the remaining amount of Rs.39,70,00,000/-, by registering the
said property in their favour. But, the defendants have not registered the
said property in favour of the plaintiffs by stating some personal reasons.
While matter stood thus, the plaintiffs came to know that the defendants
executed an agreement of sale in favour of a third party in respect of the
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C.S.No.115 of 2020 and
O.A.No.156 of 2020
plaint schedule property. When the plaintiffs sent a letter to the defendants
calling upon the defendants to return the advance sale consideration
together with interest at 24% per annum, the defendants have not
responded. Hence the suit.
3. Despite the matter has been posted under the caption for
“Undefended Board” on 15.02.2021, the defendants have not appeared in
person nor through a counsel on their behalf. Hence, vide order of this
Court, dated 15.02.2021, the defendants were set ex parte.
4. In order to prove their case, the plaintiffs filed proof affidavit and
the first plaintiff was examined as P.W.1 and got marked Exs.P1 to P8.
Ex.P1 is the certified copy of the Registered Sale Deeds dated 09.10.2007
registered as Document No.12313 of 2007 in the office of the Sub-
Registrar, Kunrathur. Ex.P2 is the certified copy of the Registered Sale
Deeds dated 09.10.2007 registered as Document No.12314 of 2007 in the
office of the Sub-Registrar, Kunrathur. Ex.P3 is the original receipt dated
13.05.2018 issued by the first defendant. Ex.P4 is the original receipt
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C.S.No.115 of 2020 and
O.A.No.156 of 2020
dated 13.05.2018 issued by the second defendant. Ex.P5 is the printout of
the Bank Statements containing payments made by the plaintiffs to the
defendants. Ex.P6 is the office copy of letter dated 04.09.2019 sent by the
plaintiffs to the defendants with copy of the acknowledgment card. Ex.P7
is the office copy of letter dated 24.02.2020 sent by the plaintiffs through
their counsel to the proposed purchaser by marking a copy of the
defendants, along with the acknowledgment card. Ex.P8 is the original
reply dated 28.02.2020 sent by the Advocate for the proposed purchaser to
the plaintiffs.
5. A perusal of the evidence of PW.1 coupled with the exhibits
would reveal that the plaintiffs have proved their case. Therefore, the
plaintiffs are entitled to the relief as prayed for.
6. Accordingly, the Civil Suit is decreed as prayed for. No costs.
04.08.2021
gsk
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C.S.No.115 of 2020 and
O.A.No.156 of 2020
Witnesses examined on
behalf of the Plaintiffs:
P.W.1 – Mr.S.Dhanasekharen
Witnesses examined on
behalf of the Defendants:
None
Exhibits marked on behalf
of the Plaintiffs :
Ex.P1/ dated 09.10.2007 - The certified copy of the registered sale
deed registered as Document No.12313
of 2007 in the office of the Sub-
Registrar, Kunrathur;
Ex.P2/ dated 09.10.2007 - The certified copy of the registered sale
deed registered as Document No.12314
of 2007 in the office of the Sub-
Registrar, Kunrathur;
Ex.P3/dated 13.05.2018 - Original Receipt issued by the 1st
defendant;
Ex.P4/ dated 13.05.2018 - Original Receipt issued by the 2nd
defendant;
Ex.P5 - The printout of the Bank Statements
containing payments made by the
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C.S.No.115 of 2020 and
O.A.No.156 of 2020
plaintiffs to the defendants;
Ex.P6/dated 04.09.2019 - Office copy of letter sent by the
plaintiffs;
Ex.P7/dated 24.02.2020 - Office copy of the letter sent by the
plaintiffs to the proposed purchaser;
Ex.P8/dated 28.02.2020 - Original reply sent by the Advocate for
the proposed purchaser.
Exhibits marked on behalf
of the Defendants:
Nil
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C.S.No.115 of 2020 and
O.A.No.156 of 2020
V.PARTHIBAN, J.
gsk
C.S.No.115 of 2020 and
O.A.No.156 of 2020
04.08.2021
https://www.mhc.tn.gov.in/judis/
