2022 Supreme(Online)(MAD) 1637
IN THE HIGH COURT OF JUDICATURE AT MADRAS Judgment Reserved on Judgment Pronounced on
08.12.2021 16.02.2022 CORAM:
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN S.A.No.441 of 2020 and CMP.Nos.9367 and 9368 of 2020 M/s.LVR and DONG-IN STONE LIMITED represented by its Managing Director L.R.Sivaprasad ... Appellant ..vs..
1. M/s.Universal Granites Industries (P) Ltd rep.by its Managing Director S.Janardhana Reddy No.48, Vanguard House II Line Beach Road Chennai-600 001. 2. S.S.Anthoni
3. State Bank of India Siruthozhil (Chennai) branch rep. by its Manager No.2(Old No.320)
Valluvar Kottam High Road Nungambakkam, Chennai 600 034.
4. The Collector Kancheepuram District Kancheepuram.
5. State Industrial Promotion Corporation of Tamilnadu (SIPCOT)
rep.by its Mananging Director
19-A, Rukmani Lakshmipathy Road Egmore, Chennai – 600 008.
6. The District Revenue Officer Kancheepuram District, Kancheepuram. ... Respondents This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree dated 26.11.2019 made in A.S.No.14 of 2016 on the file of the learned Sessions Judge, Mahila Court, Chengalpattu, confirming the judgment and decree dated 20.11.2015 made in O.S.No.181 of 2010 on the file of the learned Principal Subordinate Judge, Chengalpattu.
For Appellant : Mr.R.Thiagarajan For Respondent-1 : Mr.V.Raghavachari For Respondent-2 : Mr.R.Munuswamy For Respondent-3 : No appearance For Respondents 4 & 6 : Mr.D.Gopal Government Advocate For Respondent-5 : Mr.M.Karthikeyan
JUDGMENT
This Second Appeal is filed challenging the judgment and decree in A.S.No.14 of 2016 dated 26.11.2019 on the file of learned Sessions Judge, Mahila Court, Chengalpattu, confirming the judgment and decree of the learned Principal Subordinate Judge, Chengalpattu in O.S.No.181 of 2010 dated 20.11.2015.
2. Appellant/plaintiff filed the suit for the reliefs of directing the defendants 1 and 2 to specifically perform the agreement for sale dated 11.01.1985 in respect of the suit property by executing a sale deed, permanent injunction restraining the defendants 1 and 2 from interfering with the appellant's peaceful possession and enjoyment of the suit property described in plaint schedule-1, restraining the defendants 1 and 2 from interfering with smooth running of its factory, group companies in suit schedule-1 property, restraining defendants 1 and 2 from interfering with the custody of the original title deeds in respect of the suit properties, restraining defendants 1 and 2 from alienating or encumbering or dealing with the suit properties, for permanent injunction restraining the defendants 4 to 6, their men, agents, servants, subordinates or anyone claiming through them or authorized by them from interfering with the plaintiff's right to have free ingress and egress to reach its property comprised in S.No.55/1, 55/2 and 53/1 passing through the property comprised in S.No.48, Ekattur Village, Kancheepuram Village, and for other reliefs.
3. Appellant/plaintiff company is incorporated under the Indian Companies Act, 1956 as a private limited company and became a deemed public limited company. It is engaged in the manufacture of granite monuments, also manufacturer of handicrafts ornamental granite monuments and exports finished products to foreign countries. Its group companies M/s.G.Tech Stone Ltd., and M/s.Perfect Stone Ltd., are deemed Public Limited Companies and owning properties at Egathur, adjacent to the suit properties. Directors of first respondent/first defendant company were introduced to the appellant/plaintiff by its foreign colloborators. Appellant purchased the property measuring 3.86 acres at Egathur village from first respondent's group company. When the appellant decided to expand its business unit, first respondent came forward to sell its property, which is located adjacent to the property of the appellant. First respondent, acting through its Director Mr.N.S.N.Sharma, held the discussions and negotiations with the appellant company and offered to sell the suit property for a total consideration of Rs.2,31,600/-. The price per acre was fixed at Rs.60,000/-. Appellant made an advance of Rs.2,00,000/- and entered into an agreement for sale at Chennai on 11.01.1985 with the first respondent. The sale shall be free from all encumbrances and the time for completion of sale transaction was fixed at 24 months from the date of obtaining legal opinion by the purchaser. First respondent agreed that they would produce patta, chitta, adangal extract besides Income Tax Clearance Certificate and No Objection Certificate from revenue authorities with regard to the land acquisition proceedings. In pursuance of the sale agreement dated 11.01.1985, appellant was put in possession of the suit property in part performance of the contract. Original title deeds were handed over to the appellant on the date of execution of sale agreement dated 11.01.1985. Appellant had extensively developed the suit property, erected shed and put up structures for using it as separate manufacturing unit. Appellant entered into lease agreement with its group companies M/s.G.Tech Stone Ltd., and M/s.Perfect Stone Ltd. Appellant commenced production of granite monuments and procured granite blocks in bulk from various parts of the country and goods had been hypothecated in favour of State Bank of India. After the demise of founder Director of the appellant company on 31.08.2004, he was buried inside of the property, after obtaining necessary p