Madras High Court
Ponniamman Educational Trust vs S.Velayutham on 7 October, 2021
C.S.No.115 of 2005
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2021
CORAM : JUSTICE N.SESHASAYEE
C.S.No.115 of 2005
Ponniamman Educational Trust
Represented by its Chairperson / Managing Trustee
Old No.12-C, New No.24
Sixth Main Road
Kasturibai Nagar, Adayar
Chennai – 600 020. ... Plaintiff
Vs.
S.Velayutham
No.3/107, Second Main Road
Madipakkam
Chennai – 600 091. ... Defendant
[1st Defendant – The Church of Chirst Charitable Trust & Educational
and Charitable Society, Rep. By its Chairman, No.35, Lock Street,
Kotturpuram, Chennai – 600 085 – Deleted as per Order dated
09.03.2021 in Appln.No948/2021]
Prayer : Civil Suit filed under Order VII Rule 1 of CPC read with Order
IV Rule 1 of O.S.Rules, praying :
(a) For specific performance of agreement of sale dated 04.08.2001
entered into between the plaintiff and the defendants, by directing
the defendants to execute ad register the sale deed in favour of the
plaintiff or plaintiff's nominees, conveying and transferring the suit
schedule mentioned property with vacant possession within the
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C.S.No.115 of 2005
time to be fixed by this Court on the plaintiff paying the balance of
sale consideration of Rs.5,02,45,333.33/- and in default, directing
the First Assistant Registrar, Original Side of this Hon'ble Court or
any other Officers of this Court to execute and register the sale
deeds in favour of the plaintiff or the plaintiff's nominees;
ALTERNATIVELY :
(b) directing the defendants to refund the plaintiff a sum of
Rs.30,00,000/- together with interest at 24% p.a. from 04.08.2001
till date of realisation;
(c) directing the defendants to pay a sum of Rs.1,83,45,333/- towards
damages for committing breach of the agreement of sale dated
04.08.2001.
(d) directing the defendants to pay the cost of the suit; and
(e) to grant such further or other reliefs as this Court may deem fit and
necessary on the facts and circumstances of the case.
For Plaintiff : Mr.T.Sathiyamoorthy
For Defendant : Mr.K.Surendar
JUDGMENT
The plaintiff withdraws the suit on being satisfied with the balance now
outstanding, and that he would withdraw the amount deposited by the
defendant with all accrued interests, based on the settlement between the
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C.S.No.115 of 2005
parties. Therefore, this suit is permitted to be withdrawn as settled out
of Court, and the Registry is directed to refund the Court fee as per law.
The plaintiff is now required to take a pay out application for
withdrawing the amount now standing to the credit of the suit. No costs.
07.10.2021
ds
Index : Yes / No
Internet : Yes / No
https://www.mhc.tn.gov.in/judis/
C.S.No.115 of 2005
N.SESHASAYEE.J.,
ds
C.S.No.115 of 2005
07.10.2021
https://www.mhc.tn.gov.in/judis/
