V.BHARATHIDASAN
Pugazhendhi – Appellant
Versus
Subramanian – Respondent
ORDER :
V. Bharathidasan, J.
1. Civil Revision Petition No. 1359 of 2018, has been filed against the order allowing the application filed by the respondent/plaintiff, under Order II Rule 2(3) of C.P.C. seeking leave to file a separate suit for specific performance subsequently.
2. For the sake of convenience, the parties are referred to as they are referred in the plaint.
3. The respondent/plaintiff filed the suit for permanent injunction restraining the petitioner/defendant from disturbing his possession in respect of the suit schedule property. The suit has been filed on the ground that, the defendant is the owner of the suit schedule property, and that he entered into an unregistered sale agreement with the plaintiff on 21.11.2012, agreed to sell the suit schedule property for a total sale consideration of Rs. 6,70,00,000/-, and the same has to be paid before 21.03.2013. On the date of agreement, a sum of Rs. 50,00,000/- was paid by the plaintiff to the defendant as advance and on the very same day itself the possession of the suit schedule property was handed over to the plaintiff by the defendant. That apart, the defendant also executed a Power of Attorney on 23.11.2012, to one Mr
Ameer Minhaj Vs. Dierdre Elizabeth (Wright) Issar reported in (2018) 7 SCC 639
Gurbux Singh Vs. Bhooralal reported in AIR 1964 SC 1810
I.T.C. Ltd. v. Debts Recovery Appellate Tribunal and Ors. (1998 (2) SCC 70)
Madanuri Sri Rama Chandra Murthy Vs. Syed Jalal reported in (2017) 13 SCC 174
Palaniammal Vs. K.R.C. Anbalagan reported in 2013 (3) CTC 477
Pramod Kumar Vs. Zalak Singh reported in (2019) 6 SCC 621
Rathnavathi Vs. Kavita Ganashamdas reported in (2015) 5 SCC 223
Saleem Bhai and Ors. v. State of Maharashtra and Ors. (2003 (1) SCC 557)
Sucha Singh Sodhi (dead) through LRs Vs. Baldev Raj Walia reported in (2018) 6 SCC 733
Virgo Industries (Eng.) Private Limited Vs. Venturetech Solutions Private Limited (2013) 1 SCC 625;
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.