IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated: 24.11.2025 CORAM:

THE HON'BLE Mr.JUSTICE P.DHANABAL C.S.No.104 of 2022 &

O.A.Nos.322 and 323 of 2022 M/s Love and Concern rep.by its President Mr.John Venkatesan ... Plaintiff Vs.

1. K.Dhananjayan

2. D.Karthick Raghunath

3. Dhanasekaran

4. D.Shyamala

5. D.Preethi

6. Saravanaperumal

7. Vijay Saravanaperumal

8. Sudha Saravanaperumal

9. D.Saranya

10.Sangeetha ... Defendants Prayer:

The Civil Suit filed under Order IV Rule 1 of O.S.Rules r/w VII (a)

1 of Civil Procedure Code for (a) Directing the defendants herein to perform their part of contract in accordance with suit registered sale agreement dated 07.05.2018 vide sale agreement document no.2503 of

2018 on the office of the Sub-Registrar, Purasaiwakkam by accepting the remaining sale consideration and to execute a sale deed in respect of the suit property in favour of the plaintiff herein, in default, on behalf of the defendants herein, the Assistant Registrar, Original Side of this Court to execute a sale deed in favour of the plaintiff herein; (b) for permanent injunction restraining the defendants or their henchmen, person or persons, agent or agents from in any manner interfering with plaintiff’s peaceful possession and enjoyment of the suit property; (c) for permanent injunction restraining the defendants or their respective authorised agents or persons from alienating or encumbering the suit property to any third parties in any manner.

For Plaintiff : Mr.S.Nambi Arroram for Mr.K.V.Ramesh and Mr.S.K.Masthan For Defendants : Mr.P.T.Perumal for D3 to D5 & D9 and D10 Mr.V.Chandrakanthan for D1, D2 and D6 to D8

J U D G M E N T

This Civil Suit has been filed by the plaintiff as against the defendants for the relief of Specific Performance of Contract based on the agreement dated 07.05.2018; for permanent injunction restraining the defendants from interfering with the plaintiff’s peaceful possession and enjoyment of property and for relief of permanent injunction restraining the defendants from alienating or encumbering the suit property to any third parties.

2. The brief averments of the plaint are as follows:-

(i) The plaintiff, viz., M/s Love and Concern (Trust) represented as President of the Plaintiff had originally entered into a tenancy agreement in respect of the suit property with the 1st defendant and the said agreement is dated 11.03.1992. Pursuant to the said agreement, the plaintiff had been in possession and enjoyment of the property and he is paying rent of Rs.1,800/- per month. Further, the plaintiff had paid a sum of Rs.20,000/- as advance. Originally, the suit property belongs to T.R.P.Kothandaraman and after his demise, the defendants 1 to 10, being legal heirs are entitled to the suit property. The defendants 1 to

10 agreed to sell the suit property to the plaintiff for a sum of Rs.3,51,14,365/- and the registered sale agreement was executed between the parties on 07.05.2018 and on the same day, a sum of Rs.1,15,42,500/- was paid towards advance of the sale price.

(ii) Further more, the plaintiff and the defendants had entered into a Memorandum of Understanding pertaining to the suit property prior to the suit agreement, but due to certain unexpected subsequent events, they were unable to proceed further with the same, thereby they decided to enter into a registered agreement dated 07.05.2018. On various dates, the plaintiff paid a sum of Rs.1,15,42,500/- to the defendants. The remaining amount of Rs.2,35,71,865/- to be paid at the time of execution of sale deed. In the said agreement, it was clearly mentioned that the purchaser, as a tenant, who was already in possession of 2790 sq.ft., of the schedule mentioned property, through tenancy agreement dated 11.03.1992 and after entering into the said agreement, the plaintiff is in occupation of entire suit property and enjoying the same.

(iii) The time fixed for completion of sale is 10 months, the plaintiff was always ready and willing to perform his part of contract by paying a ba