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2017 Supreme(Mad) 418

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J.
Professional Management of constructions represented by its Proprietrix Mrs. Seeta Ramaraju - Plaintiff
Vs.
Estate of Irussammal Rep. By her administer P. Anbuchezhian, Chennai and Ors. - Defendants
C.S. No. 41 of 2003
Decided On : 23-03-2017

Advocates Appeared:
For the Plaintiff : Mr. R.Thiagarajan
For the Defendants : Mr. Veerakathiravan, Mrs. S.T.P. Kuilmozhi, Mrs. Chitra Sampath, Mr. T.S. Baskaran, Mr. T. Ravichandran

JUDGMENT :

The suit is filed for specific performance directing the defendants to execute the Deed of Sale in favour of the plaintiff in respect of "B" and "C" schedule properties, for permanent injunction not to alienate the suit properties and mandatory injunction directing the defendants to deliver all the original title deeds.

2. The brief facts of the case of the plaintiff are as follows:

(i) The plaintiff, who is a promoter in real estate properties is the proprietrix of Professional Management of Constructions. During the course of business, for development and promotion, she entered into an Agreement of Sale dated 12.01.1998 with defendant Nos. 1 to 8 through their Power Agent, viz., defendant Nos. 9 and 10 for purchase of land bearing unit Nos.7 and 12 to 21 along with road portions beginning from Unit No.21 on western side up to the end of property boundary, on eastern side in the part of Survey Nos.171 and 172 in Village No.4, Urapakkam, Chengalpattu Taluk, Kanchipuram District and part in Survey No.33/1, in village No.6, Nandhivaram, altogether for total sale consideration of Rs.17,00,000/-. On the date of agreement itself, a sum of Rs.5,00,000/- was paid towards advance. The plaintiff also paid another sum of Rs.3,50,000/- on 24.3.1998 towards balance sale consideration and thus, she has totally paid a sum of Rs.8,50,000/-. Time agreed for completion of the entire transaction is four months from the date of agreement. After agreement, defendant No.9 had executed three separate Sale Deeds for rear portion of the suit property on 27.3.1998 for an extent of 42.45 cents in favour of the plaintiff.

(ii) The property registered in favour of plaintiff is located on the rear side of the main property and arrangement between the plaintiff and the defendants was that the plaint schedule “A” mentioned property should be promoted, after obtaining approval of layout/ sub division plan from the competent authority, as residential plots. The plaintiff incurred a sum of Rs.1,50,000/- towards Architect's fee, project preparation, drawings, reports, advertisements, etc., and for obtaining approval of layout/subdivision of the property.

(iii) Accordingly, the front portion of “A” schedule property was subdivided into 8 plots as shown in the plan. The plaintiff has also obtained signature of the power Agent for development and promotion of the front portion of the property as residential flats. The three separate Sale Deeds were brought out at the first instance with a view to develop the property in the front side. The approach road was re-aligned straight with the existing front part gaining access from the old approved road of Udaya Suriyan Nagar on northern side in order to give access to the plaintiff's properties and the public park reserved earlier on the southern side. The re-aligned road measuring about 15.90 cents, which includes the major portion of “A” schedule, was duly handed over through a Gift Deed, to the Urapakkam Panchayat and registered on 20.03.1998. The essential terms of the agreement of Sale is that the defendants shall sell 100 cents on actual measurements at Site and the plaintiff shall pay the sum of Rs.17,00,000/- in full and final settlement. The duty was entrusted to defendant No.9 to measure the property with the revenue officials and offer the same to the plaintiff in accordance with law. The layout/Sub division plan prepared by the plaintiff is free from all encumbrances.

(iv) While measuring the property at site, the plaintiff found some discrepancies with regard to measurement. Besides, she was informed about the pendency of a civil suit in O.S.No.281/93 on the file of the District Munsif, Chenglepet, filed by defendant Nos. 5 and 7 herein against the defendant Nos.6,8 and 10 and two others respectively, for partition and separate possession of the suit properties. When the plaintiff was measuring pro
















































































































































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