Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.DHANABAL
R.Ashwin – Appellant
Versus
Kavitha Ravanan – Respondent
JUDGMENT :
P. Dhanabal, J.
This Civil Suit has been filed by the plaintiff for the reliefs of recovery of money to the tune of Rs.1,35,67,123/- with interest at the rate of 12% per annum and for costs.
2. The brief averments of the plaint are as follows:-
2.1. The defendant’s husband, viz., Ravanan, who is running a real estate business, under the name and style of VOX Group of Companies, had approached the plaintiff and mentioned that the defendant is the absolute and exclusive owner of the lands in Survey Nos.50/2A-1B, 54/1A (Part), 54/1B (part), 56/2 (part) and 54/2, all together an extent of 42.5 cents in the above said S.F.Nos situated at Kovilambakkam Village, Sholinganallur Taluk, Kanchipuram District. Both the plaintiff and the defendant agreed and entered into an agreement in respect of the sale of properties for a sale consideration of Rs.10.5 Crores and the plaintiff transferred a sum of Rs.1 Crore to the defendant through RTGS on 30.06.2017 and on the same day, viz., on 30.06.2017, sale agreement was sent by the plaintiff for signature. When the plaintiff intended to have the original documents, the defendant’s husband insisted that if 60% of the sale consideration is paid,
A party can claim a refund of earnest money if the other party fails to provide a valid title, and time is not necessarily the essence of the contract.
The main legal point established in the judgment is the requirement for the plaintiff to demonstrate readiness and willingness to perform an agreement of sale, and the court's discretion to consider ....
Where a sum is named in a contract as a liquidated amount payable by way of damages, only reasonable compensation can be awarded not exceeding amount so stated. Similarly, in cases where amount fixed....
A seller must prove ownership and clear title to enforce forfeiture of an earnest deposit, especially when multiple legal heirs dispute the transaction.
The court clarified the enforceability of sale agreements, the protection of subsequent purchasers under Section 19-b of the Specific Relief Act, and the refund of advance amounts.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
