IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.06.2025 CORAM THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY C.S. No.81 of 2021 Tmt.Binu Christeena W/o. Thiru Peter Arivarasan, No.3/421, Pandian Salai, Neelankarai, Chennai-115. ... Plaintiff vs.

1. M.A.R.Juherniza, New D.No.226, Old D.No.171, Ramakrishna Mutt Salai, Mandaveli, Chennai-28. 2. Mrs.A.J.Manaraseena D/o. Late A.Jalal New D.No.226, Old D.No.171 Ramakrishna Mutt Salai, Mandaveli, Chennai - 600 028.

3. Mrs.A.Thameemnisa D/o. Late Jalal, D.No.14/8, Appavu Gramani 1st Street, Mandaveli, Chennai 28.

4.Mrs.A.J.Shahar Banu D/o Late A.Jalal, D.No.51A, Salaiar Street, Mandaveli, Chennai 28.

5. Mrs.A.J.Noornisa D/o Late A.Jalal New D.No.80/2, Old D.No.7/1, Lalitha Nagar, 1st St., Mylapore, Chennai 04. 6. Mr.J.Khaja Moideen S/o Late A.Jalal, New D.No.226, Old D.No.171, Ramakrisha Mutt Salai Mandaveli, Chennai 28.

7. Mrs. A.J.Shabina Parveen D/o Late A.Jalal New D No.226, Old D.No.171, Ramakrishna Mutt Salai Mandaveli, Chennai 28.

8.Thiru.A.Pradeep S/o A.Asokan Door No.1, Vannianpathi Street, R.A.Puram, Chennai 600 028. ... Defendants PRAYER: Plaint filed under Order IV Rule 1 of the Original Side Rules Read With Order VII Rule 1 of the C.P.C., prays for the Judgment and Decree in favour of the plaintiff and against defendants 1 to 8, as follows:

(a) directing defendants 1 to 8 to pay a sum of Rs.2,39,18,494/- with subsequent interest at the very same rate of 18% per annum on the suit amount of Rs.1,31,00,000/- from the date of the plaint to till the date of realisation;

b) For costs of the suit.

For Plaintiff : Mr.R.Palaniandavan For D8 : Dr.S.S.Swaminathan D1 to D7 : No appearance

J U D G M E N T

The suit was filed for recovery of a sum of Rs.2,39,18,494/- from defendants 1 to 8 with interest at 18% per annum on Rs.1,31,00,000/- from the date of plaint till the date of realisation.

2. In the plaint, the plaintiff states that she entered into sale agreement dated 25.07.2016 with the 8th defendant acting as agent of defendants 1 to 7. Pursuant thereto, the plaintiff states that an aggregate sum of Rs.2,56,00,000/- was paid to the 8th defendant from and out of the total sale consideration of Rs.6,67,86,458/-. Thereafter, it is also stated that the plaintiff constructed houses/villas on the property and received an aggregate advance of Rs.2,60,00,000/- from two buyers. Since the 8th defendant did not come forward to execute the sale deed and instead suggested that a joint venture agreement be entered into, the plaintiff states that joint venture agreement dated 25.10.2017 was executed. On the date of execution thereof, it is stated that a further sum of Rs.44 lakhs was paid, thereby aggregating to a sum of Rs.3 crores.

3. By further asserting that the 8th defendant refused to register documents in favour of buyers of villas, which were allotted to the plaintiff's share, it is stated that the plaintiff was constrained to lodge a police complaint. In course of hearing of Crl.O.P.No.682 of 2019, the plaintiff states that the 8th defendant paid a sum of Rs.1,25,00,000/- to the plaintiff and a sum of Rs.2,38,00,000/- to the plaintiff's buyers. According to the plaintiff, a sum of Rs.2,16,00,000/- had been incurred as costs for developing the property pursuant to the agreement of sale and joint venture agreement. After giving credit to amounts received from the 8th defendant, the plaintiff computed the principal suit claim of Rs.1,31,00,000/- and the aggregate claim of Rs.2,39,18,494/-.

4. In spite of service of suit summons, defendants 1 to 7 did not contest the suit. The 8th defendant, however, entered appearance and filed a written statement. In the written statement of the 8th defendant, the execution of the sale agreement and joint venture agreement as an agent of defendants 1-7 are admitted. It is also stated that the power of attorney remains in force. As regards payments pursuant to the said agreements, the 8th defendant has set out details thereof in paragraph 18 of the written s