M/s. SPN Hotels Private Limited, Rep. by its Managing Director, SP. N. Krishnamoorthy, Chennai vs Sree Gokulam Hotels (India) Pvt. Ltd. , Rep. by its Director,V. C. Praveen, Chennai

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 2079

SENTHILKUMAR RAMAMOORTHY
M/s. SPN Hotels Private Limited, Rep. by its Managing Director, SP. N. Krishnamoorthy, Chennai – Appellant
Versus
Sree Gokulam Hotels (India) Pvt. Ltd. , Rep. by its Director,V. C. Praveen, Chennai – Respondent

Advocates appeared:
For the Applicant:M/s. R. Balachanderan, V.J ayaprakash, Advocates. For the Respondents:R1, T.V. Ramanujun, Senior Counsel, M/s. R. Ramya, R2, A. Subadra, Advocates.

JUDGMENT

(This Application is filed under Order XIV Rule – 14(8) of Original Side Rules read with Order 13-A of CPC read with Clause 12 of Letters Patent praying to dispense with the procedure of trial and pass a Summary Judgment in favour of the applicant/second defendant by dismissing the relief of directing the first defendant to execute and register the sale deed joining the second defendant as second vendor conveying the Schedule “A” and “B” properties free of all encumbrances in favour of the plaintiff as per the terms of the agreement for sale dated 29.12.2014 entered into between the plaintiff and the first defendant to convey clear and marketable title to the plaintiff and consequently direct the first defendant to hand over vacant possession of the suit schedule “A” and “B” properties to the 2nd defendant to be fixed by this Court, failing which appoint an officer of Court to perform the same.)

1. In a suit by the first respondent/plaintiff for specific performance of a contract relating to immovable and movable property with an alternative prayer for refund of money paid as consideration with interest, the second defendant, which is the subsequent purchaser of the relevant