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2021 Supreme(Mad) 1081

P.T.ASHA
T. Srihari Kumar Bhagavat – Appellant
Versus
P. Sheik Mohideen – Respondent


Advocates:
Advocate Appeared:
For the Plaintiff : Mrs.K.Aparna Devi
For the Defendant : Mr.A.Palaniappan, Mr.M.Devendiran

JUDGMENT :

The plaintiff has instituted the above suit for recovery of a sum of Rs.1 Crore together with interest @ 18% p.a. from the date of filing till date of payment. Infact the specific case of the plaintiff is that although he is entitled to claim a sum of Rs.6,54,00,000/- he is restricting his claim to a sum of Rs.1 Crore as he cannot afford the Court fee for the said amount.

2. Plaintiff's case:

A. The suit scheduled properties which belonged to various persons was being developed by the defendants who are doing real estate business through their partnership firm SL Agencies. The defendants had obtained Power of Attorney from the original owners for forming a layout of house plots and selling the same to third parties.

B. In the process, the defendants ran out of money for developing the plots and they approached the plaintiff with a request to purchase the lands. The sale consideration was totally fixed at Rs.50 Lakhs and two registered agreements of sale both dated 27.03.2003 was entered into between the plaintiff and the 1st defendant in Doc No.1547/2003 and 1874/2003 on the file of the District Registrar, Madras South. An advance of Rs.50,000/- and Rs.1,00,000/- respectivel

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