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2008 Supreme(Mad) 2903

M.CHOCKALINGAM, M.VENUGOPAL
Koram Chand Thapar & Bros (Coal Sales) Limited – Appellant
Versus
Monaco Properties Pvt. Ltd. & Another – Respondent


Advocates Appeared:
For the Appellant:R. Thiagarajan, M/s. Rangarajan and Prabhakharan, Advocates.
For the Respondents: ------

Judgment :-

M. Chockalingam, J.

This appeal challenges a common judgment of this Court made in C.S.Nos.1806 of 1993 and 1467 of 1994.

2. C.S.No.1806 of 1993 was filed by the appellant/plaintiff, seeking damages and also mandatory injunction and permanent injunction based on agreements, while C.S.No.1467 of 1994 was filed by the first respondent herein, seeking for payment by way of interest for delayed payment and also for the money due to him as per the contracts. On trial, both the suits were dismissed. Aggrieved over the dismissal of C.S.No.1806 of 1993, the instant appeal is brought forth. So far as the dismissal of C.S.No.1467 of 1994, the judgment of the learned Single Judge is not appealed against.

3. The appellant, who is the plaintiff in C.S.No.1806 of 1993, sought the relief with the following pleadings:

a) The plaintiff, who is engaged in the business of trading papers and computer stationery, was interested in purchasing commercial premises at Madras for carrying on business and hence he approached the second defendant. The second defendant had entered into an agreement, dated 110. 1988 with one Fathima Bibi to purchase her property at Door No.43, Montieth Road, Madras



























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