C.S.No.506 of 2019

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on :01.10.2021

Pronounced on:20.10.2021

Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN

Civil Suit No.506 of 2019

1.Mr.C.Rathnam

2.Ms.Rezoo James Joseph

3.Mr.Thomas James

4.Ms.Anita Sundar

.. Plaintiffs

/versus/

1.M/s Green Avenue Homes and Gardens,

Represented by its Proprietor Mr.D.Dhinakaran

Dakshin City III Phase,

Unamacherry, Kolappakkam Bus Stop,

Vandaloor, Velampakkam Road,

Chennai 600 048.

2.Mr.Subash Chand Jain,

3.Mr.D.Dhinakaran,

S/o V.Dakshinamurthy,

Proprietor Green Avenue Homes and Gardens,

Dakshin City Site Office,

Kolapakkam Post,

Unnamancheri,

Chennai 600 048.

4.Mr.Sriram

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C.S.No.506 of 2019

5.Mr.Srikumar

6.Ms.Chitra

7.Mrs.Sarojam Gopinath N

8.Mr.Sanath Gopinath

.. Defendants

Prayer:-

Civil Suit has been filed under Order IV, Rule 1 of O.S. Rules, read

with Order VII Rule 1 of the Code of Civil Procedure, praying to pass judgment

and decree against the defendants.

(a)To declare that the Joint Development Agreement dated 16.04.2012 entered

into between the plaintiffs and the 1^st defendant for developing the Schedule

mentioned property, as null and void, as the same has became in executable and

not binding on the plaintiffs.

(b)To declare that all acts, deeds, things done by the defendant 1 and 3 pursuant to

the Joint Development Agreement dated 16.04.2012 and the Registered Deed of

Power of Attorney dated 16.04.2012 registered as Doc.No.363/2012 before the

SRO, Anna Nagar as null and void and not binding on the plaintiffs.

(c)To declare that all acts, deeds, things done by the defendant 1 and 3 pursuant to

the Joint Development Agreement dated 16.04.2012 and the Registered Deed of

Power of Attorney dated 04.09.2012 vide Document No.931/2012 before SRO,

Anna Nagar to and in favour of the first defendant to deal with 2/8^th undivided

share of an extent of 70 sq.ft from and out of 285 sq.ft as null and void and not

binding on the plaintiffs.

(d)To declare that all acts, deeds, things done by the Defendant 1 & 3 pursuant to

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C.S.No.506 of 2019

the Joint Development Agreement dated 16/04/2012 and the Registered Deed of

Power of Attorney dated 18/09/2012 in favour of the First Defendant vide

Document No. 9801/2012 before SRO Anna Nagar to deal with 2/8th undivided

share of an extent of 70 sq.ft as null and void and not binding on the Plaintiffs.

(e)To declare that Sale Deed dated 19/09/2013 executed by the 1^st Defendant as

the Power Agent of the Plaintiffs herein to and in favour of 2nd Defendant

registered as Doc No. 3728/2013, SRO Anna Nagar as null and void and not

binding on the Plaintiffs to the extent of Plaintiffs 2/6th Share on the Schedule

mentioned Property.

(f)To declare that Sale Deed dated 19/09/2013 executed by the 1^st Defendant as

the Power Agent of the Plaintiffs herein to and in favour of 2nd Defendant

registered as Doc no. 3729/2013, SRO Anna Nagar as null and void and not

binding on the Plaintiffs to the extent of Plaintiffs 2/6th Share on the Schedule

mentioned Property.

(g)To declare that the Plaintiffs are the owners of the 2/6^th share of the subject

property without any Encumbrances.

(h)For a permanent injunction restraining the Defendants, their en, agents, servants

or any other person making claim under the defendants from in any way

interfering with the Plaintiffs peaceful possession.

(i)For a permanent injunction restraining the Defendants, their men, agents,

servants or any other person making claim under the defendants from in any way

creating encumbrance over the suit schedule property.

(j)For a permanent injunction restraining the Defendants, their men, agents,

servants or any other person making claim under the Defendants from in any way

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C.S.No.506 of 2019

interfering with the Plaintiffs' rights to deal in any manner including that of

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