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2020 Supreme(Mad) 81

G.JAYACHANDRAN
V. Ramalingam – Appellant
Versus
K. S. Sundaram – Respondent


Advocates Appeared:
For the Plaintiffs:R. Thiagarajan, Advocate. For the Defendants:D1 to D3, Savariram, Revathi M. Kannan, Advocates.

JUDGMENT

(Prayer: Plaint is filed under Order IV Rule 1 of Original Side Rule read with Order VII Rule 1 of C.P.C., 1908.

a. For recovery of a sum of Rs.1,34,50,000/- with future interest at 18% per annum on 1,00,00,000/- from the date of plaint till date of realisation.

b. For recovery of a sum of Rs.56,53,700/- as damages arising out of the breach of the essential terms of the contract dated 28.05.2014 entered into between the plaintiffs and the defendants with future interest at 18% on Rs.43,49,000/- from the date of plaint till date of realisation.

c. Grant further or other reliefs and

d. For costs of the suit.)

1. Case of the Plaintiffs:

The plaintiffs are promoters, who have entered into a development agreement dated 24.05.2014 with the 1st defendant, who is the Managing Director of the 2nd and 3rd defendant’s Company. The 2nd and 3rd defendants are owners of the suit property. As per the development agreement entered between the parties, the plaintiff offered a sum of Rs.6,15,00,000/- (Rupees Six Crores and fifteen lakhs only) as total consideration for the land more fully described in the plaint schedule payable in the following manner:-

(a).

Amount remitted into the owner’s ban




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