Judgment dated 01.09.2021 in C.S.No.257 of 2020

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.PARTHIBAN

Civil Suit No.257 of 2020

and

A.No.2284 of 2020

1. Mr.R.Ramesh, S/o Mr.Ramanathan

2. Mrs.Uma Ramesh, W/o Mr.R.Ramesh

.. Plaintiffs

Vs.

Mr.SM.Palaniappan,

S/o Mr.Somasundaram Chettiar

.. Defendant

Plaint filed and numbered as Civil Suit in C.S.No.257 of 2020 under

Order 7 Rule 1 of the Code of Civil Procedure, read with Order 4 Rule 1 of

the Madras High Court Original Side Rules, praying for judgment and

decree against the defendant to direct:

(i) the defendant to pay the plaintiffs a sum of Rs.1,02,76,128/-

together with interest @ 18% per annum on Rs.94,00,000/- from the date of

filing the suit till the date of realisation in full, and

(ii) to pay the costs of the suit.

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Judgment dated 01.09.2021 in C.S.No.257 of 2020

For plaintiff : Mr.Rathina Asohan

For defendant : Defendant set ex-parte on 19.08.2021

No appearance

JUDGMENT

The Civil Suit is filed by the plaintiffs to direct the defendant to pay a

sum of Rs.1,02,76,128/- together with interest @ 18% per annum on

Rs.94,00,000/- from the date of filing the suit till the date of realisation in

full and also to pay the costs of the suit.

2. It is the case of the plaintiffs that, during the first week of July

2019, the defendant represented to the plaintiffs that the defendant is the

absolute owner of the land measuring an extent of about 4 grounds, situated

at No.14, Vijayaraghava Lane, Theagaraya Nagar, Chennai-600 017. The

defendant also claimed that he has given the said property to develop as a

residential apartment, named "Sridevi Natwest Nedil" through a joint

development agreement signed with a builder/developer, namely

M/s.Natwest Construction Company and that the defendant as land owner,

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Judgment dated 01.09.2021 in C.S.No.257 of 2020

has been allotted some of the Flats bearing Nos.1-A, 1-B, 1-C, 2-B, 3-A and

3-B in respect of the defendant's share. Believing such representation of the

defendant, the plaintiff had shown interest in buying a Duplex flat (1-B and

2-B) together with 4 car parking slots, in the said project, for which, the

defendant demanded a price at Rs.15,350/- per Sq.Foot and a sum of

Rs.20 lakhs for four parking slots (Rs.5 lakhs each), subject to legal

clearance on title. The plaintiff responded to the said representation/request

of the defendant and accordingly, the plaintiffs paid a sum of Rs.50,000/- to

the defendant by way of cheque (bearing No.587804) on 06.07.2019, drawn

on Indian Overseas Bank, Thegaraya Nagar Branch, Chennai, in favour of

the defendant as token advance, which was received by the defendant, who

issued written temporary receipt, by assuring the plaintiffs that he would

provide copies of the title deeds, parent deeds and Revenue documents, for

title verification. Further, the defendant, in writing, insisted on substantial

amount as advance to enter into a sale agreement.

3. It is further averred by the plaintiff in the plaint that the defendant

had been dragging on the matter, without providing the said documents,

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Judgment dated 01.09.2021 in C.S.No.257 of 2020

inclusive of encumbrance certificate, to the extent of even visiting the house

of the plaintiffs, by seeking further advance amount in cash, as the

defendant was in urgent financial needs. It is further stated by the plaintiffs

that the defendant is running various businesses and also owns several

immovable assets in T.Nagar, Chennai. Believing the words of the

defendant, the plaintiffs had paid amounts on various dates in cash and also

by way of cheques. But the defendant delayed by not even providing the

required documents.