IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
C. Rathnam and Others – Plaintiffs
Versus
M/s. Green Avenue Homes and Gardens and Others – Defendants
Civil Suit No. 506 of 2019
Decided On : 20-10-2021
Code of Civil Procedure, 1908 - Order IV, VII Rule 1 - Property - Power of Attorney - Whether impugned deeds in favour of 2nd defendant is valid or not – Held, Plaintiffs have established that to defendants 1 and 3, no valid right under power of attorney or under Joint Development Agreement conveyed to alienate/encumber/assign suit schedule property - Without written consent of owners, rights assigned through deeds is non est in law - Serious breach and default has been proved against developer, hence, plaintiffs have right to restrain defendants 1 to 3 from any way interfering with plaintiffs’ peaceful possession and creating encumbrance over suit schedule property - Therefore, Permanent Injunction sought against defendants 1 and 2, his men and agents granted - Plaintiffs have proved that since May 2014, third defendant as Proprietor of first defendant had not paid agreed monthly rent - Therefore, plaintiffs are entitled for recovery of Rs. 32 lakhs from first defendant towards outstanding monthly rent with interest at rate of 18% p.a. from date of suit, till date of realisation as prayed - Suit allowed.
JUDGMENT :
G. JAYACHANDRAN, J.
Prayer: Civil Suit has been filed under Order IV, Rule 1 of O.S. Rules, read with Order VII Rule 1 of the Code of Civil Procedure, praying to pass judgment and decree against the defendants.
(a) To declare that the Joint Development Agreement dated 16.04.2012 entered into between the plaintiffs and the 1st defendant for developing the Schedule mentioned property, as null and void, as the same has became in executable and not binding on the plaintiffs.
(b) To declare that all acts, deeds, things done by the defendant 1 and 3 pursuant to the Joint Development Agreement dated 16.04.2012 and the Registered Deed of Power of Attorney dated 16.04.2012 registered as Doc. No. 363/2012 before the SRO, Anna Nagar as null and void and not binding on the plaintiffs.
(c) To declare that all acts, deeds, things done by the defendant 1 and 3 pursuant to the Joint Development Agreement dated 16.04.2012 and the Registered Deed of Power of Attorney dated 04.09.2012 vide Document No. 931/2012 before SRO, Anna Nagar to and in favour of the first defendant to deal with 2/8th undivided share of an extent of 70 sq. ft. from and out of 285 sq. ft. as null and void and not binding on the plaintiffs.
(d) To declare that all acts, deeds, things done by the Defendant 1 and 3 pursuant to the Joint Development Agreement dated 16.04.2012 and the Registered Deed of Power of Attorney dated 18.09.2012 in favour of the First Defendant vide Document No. 9801/2012 before SRO Anna Nagar to deal with 2/8th undivided share of an extent of 70 sq. ft. as null and void and not binding on the Plaintiffs.
(e) To declare that Sale-Deed dated 19.09.2013 executed by the 1st Defendant as the Power Agent of the Plaintiffs herein to and in favour of 2nd Defendant registered as Doc No. 3728/2013, SRO Anna Nagar as null and void and not binding on the Plaintiffs to the extent of Plaintiffs 2/6th Share on the Schedule mentioned Property.
(f) To declare that Sale Deed dated 19.09.2013 executed by the 1st Defendant as the Power Agent of the Plaintiffs herein to and in favour of 2nd Defendant registered as Doc no. 3729/2013, SRO Anna Nagar as null and void and not binding on the Plaintiffs to the extent of Plaintiffs 2/6th Share on the Schedule mentioned Property.
(g) To declare that the Plaintiffs are the owners of the 2/6th share of the subject property without any Encumbrances.
(h) For a permanent injunction restraining the Defendants, their en, agents, servants or any other person making claim under the defendants from in any way interfering with the Plaintiffs peaceful possession.
(i) For a permanent injunction restraining the Defendants, their men, agents, servants or any other person making claim under the defendants from in any way creating encumbrance over the suit schedule property.
(j) For a permanent injunction restraining the Defendants, their men, agents, servants or any other person making claim under the Defendants from in any way interfering with the Plaintiffs’ rights to deal in any manner including that of putting up construction as owners of the suit schedule property.
(k) For recovery of sum of Rs. 32,00,000/- (Rupees Thirty Two Lakhs only) from the 1st Defendant towards the Outstanding monthly rent from the period of May 2014 to March 2019 with interest at 18 % per annum from the Date of suit till realisation.
(l) To pay the cost of the suit.
1. The suit for Declaration, Permanent Injunction and recovery of Rs. 32 lakhs with interest at the rate of 18% per annum.
2. The plaintiffs are four in number. Though the plaint is against eight defendants, in effect defendants 4 to 8 sail with the plaintiffs and the real contesting party is the 3rd defendant, who also represent the first defendant as the Proprietor of the 1st defendant Partnership firm.
3. The gist of the plaint is that, the land and building more fully described in the schedule annexe
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