Madras High Court
Mr.Pradeep Purohit vs Mrs.Devika on 25 October, 2021
C.S.No.504 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2021
CORAM
THE HONOURABLE MR. JUSTICE V.PARTHIBAN
C.S.No.504 of 2019
Mr.Pradeep Purohit ... Plaintiff
-Vs.-
1.Mrs.Devika
2.Mrs. Paramila
3.Mr.A.S.Anand Babu ... Defendants
Prayer: Civil Suit filed under Order IV Rule 1 of the Original Side Rules
read with Order VII Rule 1 of the Code of Civil Procedure, praying to pass
a judgment and decree in favour of the plaintiff and as against the
defendants:
(a) Directing the defendants to specifically perform the Agreement
of sale dated 16.09.2013 by receiving the balance sale consideration of
Rs.51,00,000/- and execute and register the deed of sale in favour of the
plaintiff in respect to the suit schedule mentioned property.
(b) On the failure of the defendants to execute and register the deed
of sale in favour of the plaintiff to direct the Registry to execute and
register the deed of sale in favour of the plaintiff in respect to the suit
schedule mentioned property.
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(c) In the alternate, direct the defendants to refund the advance sale
consideration of Rs.1,60,00,000/-(Rupees one Crore Sixty Lakhs only)
paid by the plaintiff together with interest at the rate of 24% p.a., from the
date of the plaint till realisation.
For Plaintiff : Mrs.C.Rekha Kumari
For Defendants : Ex-parte
JUDGMENT
The present Civil Suit has been filed by the plaintiff for the above
mentioned prayers.
2.The case of the plaintiff is as follows:
(a) The Plaintiff states that the mother of the defendants
Mrs.S.Lakshmi, w/o. Late.A.R.Srinivasan, is the absolute owner of the
land and building bearing Door No.21 (Old No.18) Ravanier Street, Park
Town, Chennai 600 003, morefully described in the schedule. She
purchased the same under a deed of sale dated 29.11.1990, registered as
Document No.937 of 1990 at the office of the SRO, Sowcarpet, Chennai.
Ever since the date of her purchase, she has been in possession and
enjoyment of the said property. The father of the plaintiff was a tenant in
the said property and occupied a major portion of the property.
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C.S.No.504 of 2019
(b) The above said property was mortgaged by S.Lakshmi to one
Mr.R.Raj Kumar G.Jain, for a sum of Rs.25,00,000/-, vide mortgage deed
dated 06.03.2013. While the said mortgage in subsistence, the third
defendant and his mother approached the plaintiff for sale of the schedule
property assuring that on receipt of the advance sale consideration, they
would release the mortgage by paying the amount due to the mortgagee
and also under took to release the registered deed and hand over the same
within a period of 7 days. The plaintiff, believing the words of the said
S.Lakshmi and her son viz., the third defendant herein, accepted for the
purchase of the property for a total sale consideration of Rs.2,11,00,000/-
and the plaintiff also paid a sum of Rs.1,60,00,000/- towards advance on
various dates to the defendants and their mother.
(c) Despite continuous request made by the plaintiff, the defendants
and their mother postponing the execution of the sale deed in favour of the
plaintiff. Therefore, the plaintiff was constrained to issue legal notice
dated 15.06.2017, calling upon the defendants and their mother to receive
the balance sale consideration and execution of sale deed in his favour,
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C.S.No.504 of 2019
within 15 days from the date of receipt of the notice. By reply dated
08.07.2016, the aforesaid S.Lakshmi and the third defendant denied the
execution of the agreement of sale and alleged that only a sum of
Rs.44,99,969/- was borrowed by them as loan and consequently, refused to
comply with the demand made by the plaintiff. According to the plaintiff,
he is having every proof to prove that the amount of Rs.1,60,00,000/- has
been given by him towards advance sale consideration to the defendants
and their mother. While matter stood thus, the said S.Lakshmi died on
08.05.2018.
(d) The plaintiff also states that he is also willing to get back the
advance sale consideration of Rs.1,60,00,000/- from the defendants, with
interest at the rate of 24% p.a., from the date of the plaint till the date of
realisation. Since no response was forthcoming from the defendants, the
plaintiff is before this Court by way of this suit with the above prayer.
3. Despite notice served on the defendants and their names printed
in the cause list, they had neither appeared in person nor through a counsel
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on their behalf. Therefore, the defendants were set exparte by this Court
vide order dated 13.07.2021 and the suit was posted before the Master
Court for recording evidence.
4. In order to prove his case, the plaintiff filed proof affidavit and he
is examined as P.W.1 and got marked Exs.P1 to P10. Ex.P1 is the Original
Letter of Authorization dated 18.08.2021. Ex.P2 is the Original Sale
agreement Executed by said S.Lakshmi in favour of the plaintiff for sale of
suit Schedule Property dated 16.09.2013. Ex.P3 is the Original Affidavit
of S.Lakshmi, acknowledging that the plaintiff can use the suit property
and also collect rent from the tenants dated 14.01.2014. Ex.P4 is the
Original Affidavit of S.Lakshmi, seeking for an extension of time till
31.04.2014, to execute the sale deed dated 23.01.2014. Ex.P5 is the
Original MOU executed between S.Lakshmi and all the defendants,
acknowledging execution of sale deed by S.Lakshmi and assuring co-
operation in registration of sale deed of suit property in favour of plaintiff
dated 17.04.2015. Ex.P6 is the Original Affidavit of S.Lakshmi,
acknowledging the receipt of total advance sale consideration of
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C.S.No.504 of 2019
Rs.1,60,00,000/- from the plaintiff, and also agreed to execute the sale
deed dated 06.11.2015. Ex.P7 is the office copy of the Legal notice issued
by the plaintiff to S.Lakshmi and defendants, directing them to come
forward and execute the sale deed dated 15.06.2016. Ex.P8 is the Issued
copy of the Reply notice issued by the S.Lakshmi and 3rd Defendant to
the plaintiff's legal notice dated 15.06.2016 dated 08.07.2016. Ex.P9 is the
Original Reply notice issued by the 1st defendant to the plaintiff's legal
notice dated 15.06.2016 dated 11.07.2016. Ex.P10 is the Online printout
of the Death Certificate of the S.Lakshmi dated 26.10.2018.
5. A perusal of the evidence of PW.1 coupled with the exhibits
would reveal that the plaintiff has proven his case. Therefore, the plaintiff
is entitled to the relief as prayed for.
6. Accordingly, the Civil Suit is decreed as prayed for. No costs.
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C.S.No.504 of 2019
Witnesses examined on
behalf of the Plaintiff:
P.W.1 – Mr.Shivanath Singh
Witnesses examined on
behalf of the Defendants:
None
Exhibits marked on behalf
of the Plaintiff :
Ex.P1/dated 18.08.2021 - The original letter of authorization;
Ex.P2/dated 16.09.2013 - The original sale agreement executed by
said S.Lakshmi in favour of the plaintiff
for sale of suit schedule property;
Ex.P3/ dated 14.01.2014 - The original affidavit of S.Lakshmi,
acknowledging that the plaintiff can use
the suit property and also collect rent
from the tenants;
Ex.P4/ dated 23.01.2014 - The original affidavit of S.Lakshmi,
seeking for an extension of time till
31.04.2014, to execute the sale deed;
Ex.P5/ dated 17.04.2015 - The original MOU executed between
S.Lakshmi and all the defendants,
acknowledging execution of sale deed
by S.Lakshmi and assuring co-operation
in registration of sale deed of suit
property in favour of the plaintiff;
Ex.P6 / dated 06.11.2015 - The original affidavit of S.Lakshmi,
acknowledging the receipt of total
advance sale consideration of
Rs.1,60,00,000/- from the plaintiff, and
also agreed to execute the sale deed;
Ex.P7/ dated 15.06.2016 - the office copy of the legal notice issued
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C.S.No.504 of 2019
by the plaintiff to S.Lakshmi and defendants,
directing them to come forward and execute
the sale deed;
Ex.P8/ dated 08.07.2016 - the issued copy of the reply notice
issued by the S.Lakshmi and the
third defendant to the plaintiff's
legal notice dated 15.06.2016;
Ex.P9 / dated 11.07.2016 - the original reply notice issued by the
first defendant to the plaintiff's legal
notice dated 15.06.2016;
Ex.P10/ dated 26.10.2018 -The online printout of the death certificate
of the S.Lakshmi.
Exhibits marked on behalf
of the Defendants:
Nil
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C.S.No.504 of 2019
V.PARTHIBAN, J.
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C.S.No.504 of 2019
25.10.2021
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