P.Nagarajan vs G.Durairaj
2021 Latest Caselaw 4643 Mad

Citation : 2021 Latest Caselaw 4643 Mad
Judgement Date : 23 February, 2021

Madras High Court

P.Nagarajan vs G.Durairaj on 23 February, 2021

                                                                     S.A.No.619 of 2018 & CMP.No.18913 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 23.02.2021

                                                           CORAM :

                           THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
                                                   S.A.No.619 of 2018
                                                          and
                                                  CMP.No.18913 of 2018

                P.Nagarajan                                                          ... Appellant

                                                            Versus

                G.Durairaj                                                           ... Respondent

                                   Second Appeal is filed under Section 100 of the Code of Civil

                Procedure, to set aside the Judgment and Decree dated 29.06.2018 passed in

                A.S.No.1 of 2015 on the file of the Additional District Judge, Tiruvannamalai

                reversing the Judgment and Decree dated 09.07.2014 passed in O.S.No.112 of

                2012 on the file of the Principal Sub Court, Tiruvannamalai.

                                           For Appellant       : Mr.K.Venkatasubban

                                           For Respondent      : Mr.Jayashree Narasimhan

                                                            ****



                                                     JUDGMENT

https://www.mhc.tn.gov.in/judis/

S.A.No.619 of 2018 & CMP.No.18913 of 2018

This Second Appeal has been filed to set aside the Judgment and

Decree dated 29.06.2018 passed in A.S.No.1 of 2015 on the file of the

Additional District Judge, Tiruvannamalai reversing the Judgment and Decree

dated 09.07.2014 passed in O.S.No.112 of 2012 on the file of the Principal Sub

Court, Tiruvannamalai.

2.The only challenge in the present appeal is with regard to who has

to bear the cost for a sum of Rs.35,770/-, for shifting the High Tension Electric

Wire, to the Tamil Nadu Electricity Board. The trial court finding was that only

the vendor has to bear the expenses for shifting the High Tension Electric Wire.

However, the said finding was reversed by the appellate court. Aggrieved by

the said order, the appellant herein filed the present second appeal.

3.The suit was filed for specific performance. The suit was decreed

by the trial court by directing the vendor to bear the cost for shifting the High

Tension Electric Wire. However, the first appellate court decreed the suit for

specific performance holding that there is no need for the vendor to bear the

cost for shifting the High Tension Electric Wire, as there is no clause in the sale

agreement.

https://www.mhc.tn.gov.in/judis/

S.A.No.619 of 2018 & CMP.No.18913 of 2018

4.When the matter is came up for hearing today, the learned counsel

appearing for the appellant submitted that his client is ready and willing to bear

the sum of Rs.35,770/- to be paid to the Tamil Nadu Electricity Board, for

shifting the High Tension Electric Wire.

5.The learned counsel appearing for the respondent submitted that in

such case, this Court may pass an appropriate order by recording the statement

of the appellant. The learned counsel appearing for the respondent also

submitted that his client is ready and willing to execute the sale deed without

any obligation for the payment for shifting the High Tension Electric Wire to

the Tamil Nadu Electricity Board.

6.The learned counsel appearing for the appellant submitted that the

appellant has agreed to pay the above said sum of Rs.35,770/- or such higher

amount if any fixed by the Tamil Nadu Electricity Board and he further

submitted that the entire sale consideration of Rs.3,90,000/- has been deposited

before the trial Court and no arrears have to be paid.

7.The learned counsel appearing for the respondent submitted that the

respondent herein has no objection to pass order on the above term. In such

case, they are ready and willing to execute the sale deed in three months time.

8.In view of the submission made by the learned counsel on either https://www.mhc.tn.gov.in/judis/

S.A.No.619 of 2018 & CMP.No.18913 of 2018

side, this Court without going into the merits of this case passing the following

order:

“a) The appellant is directed to bear the sum of

Rs.35,770/- towards the cost to be paid to the Tamil Nadu

Electricity Board, for shifting the High Tension Electric

Wire, in terms of Ex.A4 letter dated 23.06.2011. In case

if any higher amount is to be paid, the appellant shall

bear the same, since the above said letter has been issued

in the year 2011.

b) The respondent herein is directed to

approach the trial court, in such case, the trial court is

directed to permit the respondent to withdraw the sum of

Rs.3,90,000/- along with the interest lying in the credit of

the trial court, within a period of 15 days, from the date

of receipt of a copy of this order.