C.S.No.752 of 2012

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Judgment Reserved on : 08.06.2023

Judgment Pronounced on : 31.07.2023

CORAM

THE HON'BLE Ms. JUSTICE R.N.MANJULA

C.S.No.752 of 2012

V.Saravanan

....

Plaintiff

Vs.

1.C.Narayanamma

2.Canara bank

represented by its Manager,

Sarojini Devi Road Branch,

Secunderabad, Andrapradesh.

(amended as per order dated 08.09.2021

in A.No.3082 of 2021)

....

Defendants

Prayer : Civil Suit filed under Order VI Rule 1 of Madras High Court

O.S.Rules read with Order VII Rule 1 of CPC., praying for a judgment and

decree in favour of the plaintiff:

(a) directing the 1^st defendant to specifically perform the conditional sale

agreement dated 17.04.2012 by executing a necessary sale deed in

favour of the plaintiff and also to handover the possession of the suit

property bearing New No.9, old No.15, Mylai Ranganathan Street,

1/20

https://www.mhc.tn.gov.in/judis

C.S.No.752 of 2012

T.Nagar, Chennai-9 Old No.15, Mylai Ranganathan 600 017, in an

extent of 2430 sq.feet more fully described in the schedule here under

on receipt of the balance sale consideration over and above the

subsisting mortgage dues to the 2^nd defendant, and also after adjusting

the balance loan due amount of Rs.1,60,00,000/- (rupees One Crore

and Sixty lakhs Only) which is due and liable to be paid by the 1^st

defendant to the plaintiff, and in default directing an officer of this

Court to execute the sale deed on behalf of the 1^st defendant.

(b) to pay the costs of the suit of the plaintiff

(c) granting such further or other reliefs as this Court may deem fit and

proper in the circumstance of the case.

For Plaintiff

: Mr.C.S.K.Sathish

For Defendants

: M/s.T.Hemalatha for D2

JUDGMENT

The suit has been filed seeking specific performance of contract of

sale agreement dated 17.04.2012 in respect of the suit property situated in

Mylai Ranganathan Street, T.Nagar in an extent of 2430 sq.ft more fully

described in the schedule of the plaint by executing a Sale deed and on receipt

of the balance sale consideration over and above the subsisting mortgage dues

to the 2^nd defendant and also after adjusting the balance loan due amount of

2/20

https://www.mhc.tn.gov.in/judis

C.S.No.752 of 2012

Rs.1,60,00,000/- which is due and liable to be paid by the 1^st defendant.

2. The 1^st defendant is the owner of the suit property, situated at

T.Nagar bearing door No. 9/15, Mylai Ranganathan Street, Chennai 600 017,

measuring an extent of 2430 sq.ft. The 1^stdefendant had availed financial

assistance of Rs.2,20,22,000/- from the plaintiff on various dates by agreeing to

repay the same with interest. By way of security, the 1^st defendant had entered

into a registered conditional sale agreement dated 17.04.2012 in respect of the

suit property by agreeing to repay the loan amount of Rs.2.20 Crores along with

interest to the plaintiff on or before 30.07.2012 and on failure to repay the same

to sell and convey the suit property in favour of the plaintiff.

2.1. It was further agreed by the 1^stdefendant that she would make an

interim repayment of Rs.1 Crore on or before 31.05.2012. The sale value of the

property was mutually agreed and fixed at Rs.5 Crores. As per the conditional

sale agreement if the 1^st defendant is not able to repay the said sum of Rs.2.20

Crores within 30.07.2012, the property should be conveyed in favour of the

plaintiff subject to the subsisting mortgage entered into between the 1^st

defendant in favour of the 2^nd defendant viz, Syndicate Bank, Sarojini Devi

Road branch, Secundrabad, Andhra Pradesh.

3/20

https://www.mhc.tn.gov.in/judis

C.S.No.752 of 2012

2.2. The mortgage amount should be paid by the plaintiff and the sale

consideration over and above the mortgage dues shall be paid by the plaintiff to

the 1^st defendant before execution and registration of the sale deed, after

adjusting Rs.2.20 Crores payable to