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2016 Supreme(Mad) 35

IN THE HIGH COURT OF MADRAS
G. Chockalingam, J.
Ponmari Enterprises Private Ltd. - Appellant
Vs.
C. Siva Subramanian and Ors. - Respondents
Civil Suit Nos. 38, 39, 41, 42 of 2008 and A. Nos. 655 to 658 of 2015
Decided On: 12.01.2016

Advocates:
Advocate Appeared:
For the Appellant: A.K. Sriram, A.S. Kailasam
For the Respondents: M. Simon Jeya Kumar

JUDGMENT :

G. Chockalingam, J.

1. Civil Suit No. 38 of 2008 is filed by the plaintiff praying for a judgment and decree as against the defendant to direct the defendant to specifically perform his part of the obligations arising out of the Agreement for Sale dated 26.04.2007 in respect of the suit schedule mentioned property situate at No. 146, Keelavalam Village, Madurantakam Taluk, Kancheepuram District comprised in various Survey Numbers measuring an extent of 41.08 acres or thereabout, more fully described in the plaint Schedule "A", and also the property situate at No. 148, Kinar Village, Madurantakam Taluk, Kancheepuram District, comprised in Survey No. 15 measuring an extent of 3.94 acres or thereabout, more fully described in the plaint Schedule "B", on receipt of the balance sale consideration of Rs. 5,27,24,000/- and execute a deed of sale or sales either in favour of the plaintiff or its nominee or nominees either in one lot or in pieces as the case may be on a date to be fixed by this Court or in default direct an officer of this Court to execute the deed of sale or sales in the name of the plaintiff or its nominee or nominees either in one lot or in pieces as the case may be, on behalf of the defendant on a date to be fixed by this Court on the plaintiff's depositing the balance sale consideration of Rs. 5,27,24,000/- payable by the plaintiff to the defendant as per the terms of the contract dated 26.04.2007 and for costs of the suit.

2. Civil Suit No. 39 of 2008 is filed by the plaintiff praying for a judgment and decree as against the defendants to direct the defendants to specifically perform their part of the obligations arising out of the Agreement for Sale dated 26.04.2007 in respect of the suit schedule mentioned property situate at (i) No. 146 Keelavalam Village, Madurantakam Taluk, Kancheepuram District comprised in various Survey Numbers measuring an extent of 31.04 acres or thereabout, more fully described in the plaint Schedule "A", (ii) No. 148, Kinar Village, Madurantakam Taluk, Kancheepuram District comprised in various Survey Numbers measuring an extent of 5 acres and 23.5 cents or thereabout, more fully described in the plaint Schedule "B", and (iii) No. 149, Pudur Village, Madurantakam Taluk, Kancheepuram District comprised in Survey No. 14/1C2 measuring an extent of 0.02-1/2 cents or thereabout, more fully described in the plaint schedule 'C' and in all measuring an extent of 36.30 acres or thereabout, on receipt of the balance sale consideration of Rs. 4,14,60,000/- and execute a deed of sale or sales either in favour of the plaintiff or its nominee or nominees either in one lot or in pieces as the case may be on a date to be fixed by this Court or in default direct an officer of this Court to execute the deed of sale or sales in the name of the plaintiff or its nominee or nominees either in one lot or in pieces as the case may be, on behalf of the defendants on a date to be fixed by this Court on the plaintiff's depositing the balance sale consideration of Rs. 4,14,60,000/- payable by the plaintiff to the defendants as per the terms of the contract dated 26.04.2007 and for costs of the suit.

3. Civil Suit No. 41 of 2008 is filed by the plaintiff praying for a judgment and decree as against the defendant to direct the defendant to specifically perform her part of the obligations arising out of the Agreement for Sale dated 26.04.2007 in respect of the suit schedule mentioned property situate at No. 146 Keelavalam Village, Madurantakam Taluk, Kancheepuram District comprised in various Survey Numbers measuring an extent of 2.94 acres or thereabout, more fully described in the plaint Schedule given in the plaint, on receipt of the balance sale consideration of Rs. 32,78,000/- and execute a deed of sale or sales either in favour of the plaintiff or its nominee or nominees either in one lot or in pieces as the case may be on a date to be fixed by this Court or in default direct an officer of this Court t






















































































































































































































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