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2017 Supreme(Mad) 2810

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, M.S. RAMESH, JJ.
M.R. Rathindran - Appellant
Versus
Smt. Saraswathi Narayanan & Ors. - Respondents
Appeal Suit No. 336 of 2011
Decided On : 17-07-2017

Advocates:
Advocate Appeared:
For the Appellant : Mr. V. Ramesh
For the Respondents: Mr. N. Sridhar, Mr. R. Bharath Kumar

Headnote:

Civil Procedure Code,1908 - Order VI Rule 4 - Right to Information Act - Transfer of Property Act - Section 53-A - Land - Sale agreements- Registered power of attorney deed - Sale deed - Permanent injunction - According to plaintiff, defendants 2 to 4 have purchased land by means of a registered sale deed dated registered as document No. from one - Similarly, defendants 1 to 3 and 6th defendant have purchased land measuring 5 acres comprised in through a registered sale deed dated - 7th defendant, a partnership firm, in which 6th defendant is Managing Partner has purchased land measuring an extent of 1.25 acres in S.F. Nos. through a registered sale deed dated - Hence, according to plaintiff, agreement has been partly performed and therefore, he is entitled to the benefits conferred under Section 53-A of Transfer of Property Act - It is also contended that plaintiff has constructed buildings in Site Nos - Thereafter, at request of the plaintiff, fifth and sixth defendants have executed sale deeds in respect of site Nos. to prospective purchasers identified by plaintiff - Last such sale deed was executed by fifth and sixth defendants in respect of site No.- It was pleaded by plaintiff that he is always ready and willing to perform his part of agreement - Essence of contract especially when defendants have executed sale deeds in favour of prospective purchasers identified by plaintiff even after expiry of six months period stipulated in agreement –Held, allegations relating to fraud cannot be gone into by this Court - Judgments relied on by counsel for plaintiff/appellant in support of his contentions that even in absence of pleading of fraud, if materials on record show that fraud was committed on court, same can be looked into by Court cannot be made applicable as they relate to cases where fraud was played on Court by abusing process of Court and by suppressing relevant material facts is not so in case - Therefore, said Judgment also cannot be made applicable to this case - In present case, at appellate stage, plaintiff is making allegation of fraud against defendants in respect of suit transaction that took place between them, without pleading or evidence, hence same cannot be considered at this stage by this Court - Accordingly, Court answer point No.4 also against plaintiff/appellant and in favour of defendants/respondents - Court cannot but deny the relief sought for - In present case, there are laches and inaction on part of plaintiff in either performing the obligation under Ex.A5, agreement of sale or in seeking equitable relief of specific performance within the period specified under Limitation Act - Therefore, Court are of opinion that conduct of plaintiff would disentitle him to seek the relief of specific performance and accordingly, Court answer point No.5 also against him - Appeal suit is dismissed

JUDGMENT :

R. SUBBIAH, J.

1. This appeal is filed as against the Judgment and Decree dated 15.02.2011 passed in O.S. No. 550 of 2007 on the file of the learned Additional District and Sessions Judge (Fast Track Court No.I) Coimbatore by which the suit filed by the plaintiff/appellant herein for specific performance of the agreement dated 02.10.2003, Ex.A-5, was dismissed.

2. The plaintiff in the suit is the appellant in this appeal. The defendants are the respondents herein. For easy reference, the parties shall be referred to as per their ranking in the suit.

3. Brief facts of the case of the plaintiff is as follows:-

According to the plaintiff, the defendants 2 to 4 have purchased land mesuring 4.17 acres in S.F. Nos. 498/1 and 499/1-A by means of a registered sale deed dated 02.04.1985 registered as document No. 2413 of 1985 from one Palani Gounder. Similarly, the defendants 1 to 3 and the 6th defendant have purchased land measuring 5 acres comprised in S.F. Nos. 497/1, 498/1 and 499/1A through a registered sale deed dated 25.06.1985. Similarly, the 7th defendant, a partnership firm, in which the 6th defendant is the Managing Partner, has purchased land measuring an extent of 1.25 acres in S.F. Nos. 497/1, 498/1 and 499/1A through a registered sale deed dated 23.12.1985. Thus, the defendants 1 to 4, 6 and 7 are the owners of land measuring a total extent of 10.42 cents in the lands mentioned above situate in Sarkar Samakulam Village, Coimbatore District. The defendants 1 to 4 have executed a registered power of attorney deed dated 01.10.2001 in favour of the fifth defendant empowering him to deal with the lands purchased by them by forming a layout, entering into sale agreements and execution of sale deeds in favour of prospective purchasers. Thereafter, the fourth and sixth defendants have formed layout in the above said lands in the name and style of 'Jayanthi Gardens' and the same has been approved by the Senior Deputy Director, Town and Country Planning Department, Coimbatore vide LP/(CPN)54/1986. Thereafter, the defendants have sold some of the plots in favour of third parties. The fifth defendant, defendants 1 to 4 as well as the 6th defendant, on her behalf and as Managing Partner of the 7th defendant, entered into an agreement of sale dated 02.10.2003 with the plaintiff agreeing to convey the suit properties for a sale price of Rs.13,000/- per cent. The plaintiff also paid a sum of Rs.5,00,000/- towards part of sale consideration. The defendants have also delivered possession of the suit property to the plaintiff in pursuance to the agreement dated 02.10.2003. Hence, according to the plaintiff, the agreement has been partly performed and therefore, he is entitled to the benefits conferred under Section 53-A of the Transfer of Property Act. It is also contended that the plaintiff has constructed buildings in Site Nos. 46-A, 70, 74-A, 75 and 78-A. Thereafter, at the request of the plaintiff, the fifth and sixth defendants have executed sale deeds in respect of site Nos. 22, 23, 28, 46, 46-A, 63, 65-A, 66, 68-A, 71, 71-A, 72, 72-A, 73 and 74 to the prospective purchasers identified by the plaintiff. The last such sale deed was executed by the fifth and sixth defendants on 15.07.2004 in respect of the site No.74. It was pleaded by the plaintiff that he is always ready and willing to perform his part of the agreement. When the Plaintiff brought some purchasers and requested the defendants 5 and 6 to execute the sale deed in favour of the intending purchasers, it was represented by the fifth and sixth defendants that there is some problem in registering the documents in the Sub-Registrar's Office and assured to execute the sale deed after resolving the same. The Plaintiff bonafide believed such representation made by the defendants 5 and 6 and waited to hear from them. However, the defendants 5 and 6 did not inform anything about the clearance with the Sub-Registrar Office. The Plaintiff therefore approached the defendants to



















































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