C.S.No.371 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

26.07.2023

Pronounced on

22.08.2023

CORAM:

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

C.S.No.371 of 2021

M.S.Ganesh

... Plaintiff

Vs.

1.S.Govindaprasad

2.Radha Govindaprasad

... Defendants

Prayer: Plaint filed under Order IV of Original Side Rules read with Order

VII Rule 1 of C.P.C., praying for the following judgment and decree as

against the defendants;

a) Directing the defendants to specifically perform the sale

agreement dated October 2019 by executing the sale deed in plaintiff's

favour in respect of the suit property, viz., the residential apartment bearing

Flat No.B-4, The Palms, No.6, Police Commissioner's Office Road, Egmore,

Chennai 600 008, together with proportionate undivided share of land and

have the same registered, by receiving the balance sale consideration of

Rs.1,00,00,000/- (Rupees One Crore Only), failing which this Court may be

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C.S.No.371 of 2021

pleased to execute the sale deed in favour of the plaintiff in respect of the

said property or in the alternative, direct the defendants to pay the plaintiff a

sum of Rs.22,50,000/- (Rupees Twenty Two Lakhs Fifty Thousand only)

(Advance amount of Rs.15,00,000/- plus interest of Rs.7,50,000/- upto the

date of plaint) together with interest @ 24% per annum on Rs.15,00,000/-

from the date of plaint till the date of realisation.

b) granting permanent injunction restraining the defendants, their

men, servants and agents and anyone claiming under them, from interfering

with the plaintiff's possession and enjoyment of the suit property viz., the

Residential Apartment bearing Flat No.B-4, The Palms, No.6, Police

Commissioner's Office Road, Egmore, Chennai 600 008.

For Plaintiff

: Mr.K.A.Mariappan

For Defendants

: set exparte on 18.10.2022

JUDGMENT

The suit has been filed to direct the defendants to specifically

perform the sale agreement dated October 2019 by executing the sale deed

in plaintiff's favour in respect of the suit property, viz., the residential

apartment bearing Flat No.B-4, The Palms, No.6, Police Commissioner's

Office Road, Egmore, Chennai 600 008, together with proportionate

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C.S.No.371 of 2021

undivided share of land and have the same registered, by receiving the

balance sale consideration of Rs.1,00,00,000/- (Rupees One Crore Only),

failing which this Court to execute the sale deed in favour of the plaintiff in

respect of the said property or in the alternative to direct the defendants to

pay the plaintiff a sum of Rs.22,50,000/- (Rupees Twenty Two Lakhs Fifty

Thousand only) (Advance amount of Rs.15,00,000/- plus interest of

Rs.7,50,000/- upto the date of plaint) together with interest @ 24% per

annum on Rs.15,00,000/- from the date of plaint till the date of realisation

and for permanent injunction.

The averments stated in the plaint are as follows:

2. The defendants are the owners of the Flat bearing Flat No.B-4,

The Palms, No.6, Police Commissioner's Office Road, Egmore, Chennai

600 008. The defendants purchased the suit property by virtue of the sale

deed dated 27.12.2003. The plaintiff originally became the tenant under the

defendants and he has been residing in the suit property from the year 2011

by paying the monthly rent of Rs.35,000/- and rental advance of

Rs.2,50,000/-. During October 2019, the defendants approached the

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C.S.No.371 of 2021

plaintiff and offered him to sell the suit property to himself for a sale

consideration of Rs.1,15,00,000/-. After the plaintiff accepted the offer,

a sale agreement was entered into between the plaintiff and the defendants

during the month of October 2019. On the date of execution of the sale

agreement, the plaintiff paid a sum of Rs.15,00,000/- as advance and the

plaintiff's possession from the date of sale agr