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2025 Supreme(Online)(Mad) 71648

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr N. Anand Venkatesh, J
Mr.K.M.Manoharan – Appellant
Versus
Church of South India Trust Association – Respondent


Advocates:
For the Appellants/Petitioners: M/s.Pass Associates for Mr.Ashokapathy
For the Respondents: Mr. Ralph V.Manohar for R1, S.Ramesh for R2

ORDER

This Arbitration Original Petition (Com.Div.) has been filed under Section 34 of the Arbitration and Conciliation Act , 1996 [hereinafter referred as 'the Act'] challenging the award passed by the sole Arbitrator dated 18.03.2020.

2.The respondent is the claimant. The respondent which is the Church of South India Trust Association was looking for a place for having a burial ground for Christians in Chennai. At that point of time, two petitioners and one another person seem to have represented that they are in possession and enjoyment of the subject property in Survey No.145/1A, measuring to an extent of 20 acres and 37 cents at Thaiyur Village, Chengalpet Taluk, Kancheepuram District. The said lands were classified as ‘Meikkal Poramboke’. The respondent therefore entered into an agreement for sale dated 13.12.2012 with the petitioners for the purchase of the said property. The total sale consideration was fixed at Rs.1,35,00,000/- and an advance amount of Rs.60,00,000/- was paid to the petitioners and one another person. As per the sale agreement, the respondent is said to have been given possession of the property and they were informed that the petitioners were taking steps

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