High Court of Judicature at Madras
K.P. SIVASUBRAMANIAM
S.V. Doraisamy
Versus
T. Dayalan and 8 others
C.R.P.Nos.2912 and 2913 of 2000 and C.M.P. Nos.15377,15378, 16768 and 16769 of 2000
Decided On: 23-08-2001
Prima Facie Case - Property Dispute - Transfer of Property Act - Section 53-A, Indian Contract Act - Section 202 - [The judgment extensively discusses the legal principles of prima facie case, balance of convenience, and status quo in the context of granting interim injunctions. It also highlights the importance of possession in deciding the balance of convenience and the maintenance of status quo. The judgment emphasizes the need to consider the reasonableness and arguability of the plaintiff's case and the potential for irreparable loss and injury if the injunction is not granted.]
Fact of the Case:
The plaintiff filed for a permanent injunction claiming possession and enjoyment of the property. The defendants planned to convey the plots to third parties, and the plaintiff sought to restrain them from interfering with his peaceful possession and alienating the property.
Finding of the Court:
The trial court and appellate court held against the plaintiff, concluding that the power of attorney had been validly revoked, and the plaintiff had no right to the property.
Issues: The main issues were the possession of the property, validity of the power of attorney, and the plaintiff's entitlement to interim relief.
Ratio Decidendi: The court found that the plaintiff had made out a prima facie case, and the balance of convenience favored maintaining the status quo. The court also emphasized the importance of possession in deciding the balance of convenience.
Final Decision: Both revision petitions were allowed, and the trial court was directed to dispose of the suit within four months. The defendants were directed to file their written statement without delay, and the suit would not be influenced by the observations in the judgment.
1. Both the revisions arise out of the judgment in C.M.A.Nos.5 and 6 of 2000 on the file of the Subordinate Judge, Poonamalee dismissing the order in I.A.Nos.325 and 326 of 1999 on the file of the District Munsif Tambaram.
2. The plaintiff filed I.A.Nos.325 of 1999 under Order 39, Rule 1, C.P.C. for a temporary injunction to restrain the defendants from interfering with the alleged peaceful possession of the suit property by him pending the suit and the application in I.A.No.326 of 1999 was filed praying for a temporary injunction restraining the defendants from alienating encumbering or registering any document in respect of B schedule properties till the disposal of the application. The trial Court dismissed both the applications. On appeal also, both C.M.A.Nos.5 and 6 of 2000 on the file of Sub-Court, Poonamallee, were dismissed. Hence, the present two revision petitions by the plaintiff.
3. The suit was filed by the plaintiff for a permanent injunction claiming to be in possession and enjoyment of the property. The plaint B schedule property forms part of the plaint A schedule property. The property belongs to defendants 1 to 7. The plaintiff entered into an agreement with each one of them on 14.11.1991 to purchase A schedule items from the respective owners at the rate of Rs.5,000 per cent. He paid 75 per cent of the sale consideration to the vendors on the date of agreement itself. It was acknowledged by the respective defendants. On the date of the agreement itself, defendants 1 to 7 have placed the plaintiff in possession and enjoyment the entire A schedule property and defendants 1 to 7 had also handed over the documents relating the plaintiff on the date of the agreement; The plaintiff had also taken possession of the properties. The balance of sale consideration was also paid to each one of the defendants who had also executed the necessary documents to evidence the payment for respective sale items. Each one of the defendants have executed the said documents and also receipts after having received full sale consideration. After taking possession of A schedule items, the plaintiff made lot of improvements by removing bushes in the entire A schedule property, levelled. A schedule properties over which there were lot of ups and downs. He had also dumped sand to level A schedule property. The plaintiff surveyed the entire extent and fixed boundary stones. He plotted out into 59 plots. He also laid roads in A schedule property and named the plots in A Schedule as Sri Balaji Nagar Extension. He has also taken initiative to obtain approval of the road from Perungalathur Town Panchayat and had also received the same. He had spent more than Rs.2 lakhs for all the said improvements even in 1991-92 itself. He had taken enormous pain to layout the property and made it fit as housing plots. Defendants 1 to 7 having received the entire sale consideration, are now attending to deviate from the transaction. They cannot go back on the said transaction. They are now planning to convey the plots to third parties and with that intention, the first defendant had also executed a registered sale deed in favour of the ninth defendant. Similarly, a sale deed has been executed in favour of eighth defendant also. According to the plaintiff, defendants 1 and 2 have absolutely no right to execute any sale deed. Defendants 8 and 9 are not bona fide transferees. They have not verified the documents and have not made any enquiry. Therefore, the plaintiff is entitled to ignore the sale deed executed by defendants 1 and 2. The plaintiff apprehends that defendants 1 to 7 are acting in connivance with other persons to disturb the plaintiffs peaceful possession of the property. Schedule A forms the entire schedule property while the plots and roads which the plaintiff had retained and are remaining unsold are described as B schedule. The plaintiff further submits that he had already entered into an agreement with third parties to sell B sch
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