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2024 Supreme(Online)(MAD) 14131

HIGH COURT OF MADRAS
Honourable Mr Justice P.B. BALAJI
THIRUMURUGA REAL ESTATE – Appellant
Versus
DHANRAJ – Respondent


JUDGMENT

The plaintiff, who sought for a relief of declaration of his title and for a permanent injunction to restrain the defendants and having succeeded before the trial Court, however, suffering a reversal finding before the first appellate Court, is the appellant herein. The parties are described as per their litigative status in the suit. The brief facts that are necessary for adjudicating the present Second Appeal are as hereunder:-

2. The plaintiff has stated that it is a partnership firm, engaged in real estate business for several decades. According to the plaintiff, in the course of business, the plaintiff purchased an extent of 1.44 acres in S.No.43 Part of Kulathur Village, Perambur Taluk, Chennai District for the purposes of developing the same. The sale consideration for the said property was Rs.3,75,000/-. However, since further sum of Rs.10,00,000/- was required for filling, levelling and laying of roads etc., the plaintiff approached the first defendant for financial assistance to the tune of Rs.2,25,000/-. According to the plaintiff, the 1st defendant agreed to lend the amount only on the condition that the sale deeds should be executed in favour of the defendant a

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