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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
R.Srinivasan S/o.Late G.Ravanappan – Appellant
Versus
T.Baburaj S/o.Thangaraj – Respondent
| Table of Content |
|---|
| 1. plaintiff's claim for money recovery from defendant. (Para 1 , 2) |
| 2. defendant's defense: payments as brokerage commission. (Para 3) |
| 3. issues framed and evidence presented. (Para 4 , 5) |
| 4. parties' counsel arguments on transaction nature. (Para 6 , 7) |
| 5. defendant failed to prove commission; money for property purchase. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 6. no cheating ingredients in civil recovery suit. (Para 15) |
| 7. plaintiff entitled to recovery with nominal interest. (Para 16 , 17) |
| 8. suit decreed with 12% interest. (Para 18) |
JUDGMENT :
P. Dhanabal, J.
1.This Suit has been filed by the Plaintiff for the recovery of money to the tune of Rs.2,79,00,000/- with interest at the rate of 24 percent per annum as against the defendant and for costs.
2. The gist of the Plaint averments are as follows:-
The Plaintiff is doing a real estate business in and around the State of Tamil Nadu from the year 2013. While so, the defendant approached the Plaintiff through a common friend namely Mr. Jayapal and stated that he is also doing a successful real estate business in and around the State of Tamil Nadu for the past 15 years and he was well acquainted with more profitable lands in and ar
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The plaintiff failed to substantiate claims of property ownership and recovery of funds, with findings of the trial court affirming limitations statutes hindered claims.
The court upheld the existence of a sale transaction based on evidenced payments, clarifying that absence of a written agreement does not invalidate the plaintiff's claim under surrounding circumstan....
A statement made to a police officer is excluded from civil proceedings unless the procedural requirements under Section 145 of the Evidence Act are strictly met. Furthermore, absent a proven fiducia....
The judgment established the principles of liquidated damages and reasonable compensation under the Indian Contract Act, 1872, and emphasized the importance of genuine triable issues in determining t....
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