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2014 Supreme(Mad) 2358

SATISH K.AGNIHOTRI, M.M.SUNDRESH
Himayam Engineers & Builders – Appellant
Versus
S. Ravichandran – Respondent


Advocates Appeared:
For the Appellant:R. Thiagarajan, Advocate.
For the Respondents:R1 to R3, A.P.S. Kasthuri Rangan for M/s. Sampathkumar & Associates, Advocates.

Judgment :

1. Brief facts:-

1.1. The appellant herein was plaintiff in the suit. Defendants/Respondents 1 and 2 are the owners and the 3rd respondent/3rd defendant is the power agent. A development agreement was entered into by the plaintiff on 10.9.2003 with the third defendant, who is the power of attorney agent of defendants 1 and 2 at Chennai under Ex.P.9 to develop four plots of land in S.No.415, Mogappair village, Saidapet Taluk, Chengalpet District. Alleging that the respondents are threatening to dispossess the appellant/plaintiff, a suit was filed by him in O.S.No.30 of 2005 on the file of District Munsif's Court, Ambattur seeking declaration that the agreement dated 10.9.2003 by the defendants is illegal and invalid land for a permanent injunction restraining the defendants from preventing the plaintiff with the construction or development of the plaint schedule property. Thereafter, a comprehensive suit was filed in C.S.No.460 of 2005 before this Court claiming the following relief:

''The plaintiff therefore prays for a judgment and decree against the defendants:

(a) granting specific performance of the ''development agreement' dated 10.9.2003 entered into between the






















































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