V.R.F.Paul Raj v. K.Lakshmana Swamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2018

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.393 of 2013 V.R.F.Paul Raj S/o.Mr.V.M.Rajendran No.9, 8th Trust Cross Street, Raja Annamalaipuram, Chennai - 600 028.

... Plaintiff

Versus

K.Lakshmana Swamy, ... Defendant Plaint filed under Order IV Rule 1 of Original Side Rules read with Order VII Rule 1 of Civil Procedure Code praying to pass a judgment and decree:

a) to grant a judgement and decree of permanent injunction restraining the defendant herein, his men, servants and agents from in any manner alienating the plaint schedule property to any third parties and b) for costs of the suit.

For Plaintiff : Mr.T.Velumani For Defendant : Mr.K.P.Gopalakrishnan

J U D G M E N T

At the time of the argument it is found that the suit is one for specific performance. Though there is no prayer for possession of the property, in view of the judgment of the Hon'ble Supreme Court in Excel Dealcomm Private Limited Vs. Asset Reconstruction Company (India) Limited and others reported in (2015) 8 SCC 219, the suit will be deemed to include a prayer for possession, thereby rendering it a suit on land. I have also, in the application in A.No.6870 of 2017 by order dated 21.12.2017, taken a similar view.

2. Hence, the plaint is directed to be returned to the plaintiff for presentation before appropriate Court. The plaintiff will have to pay the difference in Court fee after deducting the court fee paid to this Court. The plaint shall be re-presented within four weeks from the date of return. 12.01.2018 dsa Index : Yes/ No Internet : Yes/ No Speaking Order/ Non-speaking Order

List of the witnesses examined on the side of the plaintiff :

PW1 - V.R.F.Paulraj List of Exhibits marked on the side of the plaintiff: Sl.

No.

Exhibits Description Dated Ex.P1 Original Agreement of Sale.

03/11/2010 Ex.P2 Office copy of Letter sent by plaintiff and defendant.

16/05/2013 Ex.P3 Layout Plans prepared by plaintiff.

14/01/2013 Ex.P4 (4 Nos.) Bills raised by contractors.

-- Ex.P5 Xerox copy of Letter issued by the defendant along with photocopies of two demand drafts for Rs.10,00,000/-.

19/06/2013 Ex.P6 Original reply notice issued by the plaintiff counsel along with return postal cover.

15/07/2013 Ex.P7 Police complaint.

05/08/2013 Ex.P8 Photocopy of Demand draft No.068044 for Rs.9,00,000/- and No.068045 for Rs.1,00,000/-.

07/06/2013 Ex.P9 Certified copy of Sale.

07.07.2011 Ex.P10 Certified copy of Sale.

07.07.2011 Ex.P11 Certified copy of Sale.

17.06.2011 Ex.P12 Xerox copy of Indian Bank, Adyar Branch SB Account pass book entry.

From 01.01.2010 to 21.11.2010 Ex.13 Downloaded copy of Guideline value from the Registration Department.

--

R.SUBRAMANIAN, J.

dsa List of the witnesses examined on the side of the Defendants :

DW1 - K.Lakshmana Swamy List of Exhibits marked on the side of the Defendants: Sl.

No.

Exhibits Description Dated Ex.D1 Affidavit of Service.

16/02/2017 12.01.2018 dsa C.S.No.393 of 2013