Madras High CourtOSA/89/2017disposed of

C. Azeena @ Hasina v. Mohammed Rafi

2018-07-02Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2018 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice N.ANAND VENKATESH O.S.A.No.89 of 2017 C.Azeena @ Hasina ...

Appellant Vs 1.Mohammed Rafi 2.Habeeba ...

Respondents Appeal preferred under Order XXXVI Rule 9 of O.S. Rules r/w Clause 15 of Letters Patent against the order and decretal order passed in A.No.3207 of 2015 in C.S.No.375 of 2015 dated 20.03.2017.

For Appellant ..

Mr.V.Lakshminarayanan for M/s.P.Vasanth For Respondents..

Mr.R.Sunil Kumar

JUDGMENT

(Judgment of the Court was delivered by M.M.SUNDRESH, J.) This appeal has been preferred by the appellant, who is the defendant in the suit, which is filed for recovery of advance amount on an agreement for sale.

2.When the matter is taken up for hearing, learned counsel appearing for the appellant, based upon the affidavit filed today, would submit that the appellant will not alienate the property, which is the subject matter of the application. In the event of such alienation, a sum of Rs.26 lakhs, which is the suit claim, will be deposited to the credit of C.S.No.375 of 2015. The said statement made in paragraph 6 of the affidavit stands recorded.

3.Though paragraph 6 of the affidavit makes a mention about Rs.20 lakhs, learned counsel appearing for the appellant would submit that the amount mentioned in paragraphs 5 and 6 will have to be read as Rs.26 lakhs, which is the suit claim other than https://hcservices.ecourts.gov.in/hcservices/

the amount said to have been paid to the respondents. Accordingly, we make it clear that the amount mentioned in paragraphs 5 and 6 of the affidavit will have to be taken as Rs.26 lakhs, which amount shall be deposited to the credit of C.S.No.375 of 2015, in case of any alienation. 4.With the above observation, the Original Side Appeal stands disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mmi To The Sub Assistant Registrar, Original Side, High Court, Madras.

+1cc to Mr.P.Vasanth, Advocate Sr.42607 +1cc to Mr.Sundar Narayan, Advocate Sr.42518 O.S.A.No.89 of 2017 vd[co] srg 18/07/2018 https://hcservices.ecourts.gov.in/hcservices/