G.CHOCKALINGAM
J. Vincent – Appellant
Versus
S. Srinivasan – Respondent
The case of the plaintiff in a nut-shell is as follows:
(a) The defendant is the absolute owner of the suit schedule mentioned property purchased by him in 2009 from CMDA. The defendant entered into sale agreement with the plaintiff on 17.05.2009 for sale consideration of Rs.50 lakhs and received advance of Rs.10 lakhs, out of which, Rs.7,50,000/-was paid through Cheque, dated 08.05.2009 and the balance Rs.2,50,000/-was paid through cash on the date of sale agreement, and in view of the huge amount received as advance, the defendant voluntarily handed over the physical possession of the superstructure of the suit schedule property. As the defendant was not in a position to pay the sale consideration to the property, even after the allotment was made by the CMDA, the plaintiff rendered financial help to the defendant to pay the balance sale consideration to the CMDA and to register the suit property.
(b) The plaintiff paid a sum of Rs.5,00,000/-in favour of the Chennai Metropolitan Development Authority and also a sum of Rs.1,00,000/-by Cheque, which was encashed by the defendant.
(c) The defendant received a sum of Rs.30 lakhs towards the sale agreement, dated 17.05.2009 as
(Gobind Ram Vs. Gian Chand) 2000 (7) SCC 548 = AIR 2000 SC 3106
(T.R.K.Saraswathy Vs. R.Kandasamy and others) 2011 (5) L.W. 736
(Nirmala Anand Vs. Advent Corporation (P) Limited) 2002 (4) CTC 624 = AIR 2002 SC 3396
(Muthukrishna Gounder Vs. Gowri) 2014 (2) MLJ 18
(Silvey and others Vs. Arun Vargheese and another) AIR 2008 SC 1568 = 2008 (11) SCC 45
(Motilal Jain Vs. Ramdasi Devi) 2000 (6) SCC 420 = AIR 2000 SC 2408
(Pramod Buildings and Developers (P) Ltd. Vs. Shanta Chopra) 2011 (4) SCC 741
(J.P. Builders and another Vs. A.Ramadas Rao and another) 2011 (1) SCC 429
(N.P.Thirugnanam Vs. Dr.R.Jagan Mohan Rao and others) 1995 (5) SCC 115
(P.D.Souza Vs. Shondrilo Naidu) 2004 (6) SCC 649
(Azhar Sultana Vs. B.Rajamani and others) 2009 (3) SCALE 159 = 2009 (3) LW 911 (SC)
(V.R.Sudhakara Rao and others Vs. T.V.Kameswari) 2007 (6) SCC 650 = 2007 (4) MLJ 367
(A.C.Arulappan Vs. Smt.Ahalya Naik) 2001 (6) SCC 600
(K.S.Vidyanadam Vs. Vairavan) 1997 (3) SCC 1
(Chand Rani Vs. Kamal Rani) 1993 (1) SCC 519
(Parakunnan Veetill Josephs son Vs. Nedumbara Kuruvilas son) 1987 Supp SCC 340 = AIR 1987 SC 2328
(R.Rajaram Vs. T.R.Maheswaran) 2010 (2) MLJ 253
(S.Narayanappa Vs. Sampangi Ramayya) 2011 (3) CTC 205
(V.Kanniammal Vs. Anjalakshmiammal (died) and others) 2006 (4) MLJ 1348
(Aloka Bose Vs. Parmatma Devi and others) 2009 (2) SCC 582 = 2008 (6) CTC 509 (SC)
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