Rukmani Educational Institition v. Thiruvannamalai District Consumer Co- Operative Society Wholesale Store Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.08.2019
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN M/s.Rukmani Educational Institution Rep. by its Chairman and Member, 1.R.Kannan Adityan 2.Dhilip Anandam ... Plaintiff Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 and Section 92 of the Code of Civil Procedure praying to pass a judgment and decree:
(a) To permit the plaintiff to sell the land at Survey No.9/3 to an extent of 111 cents and Survey No.5/5A to an extent of 60 cents at Moolachery Village, Ponmar, Kancheepuram District morefully described in the schedule hereunder to any purchaser who may offer to purchase for the market price;
(b) To permit the plaintiff to invest the sale proceeds in any nationalized Bank and to use the interest earned on the said fixed deposit for meeting the expenses of maintaining and managing the society and also for fulfilling the objects of the society.
For Plaintiff : Mr.K.Mohanamurali 1/4
J U D G M E N T
By an order dated 24.06.2019, the plaintiff Trust was required to make a publication inviting offers for sale of the property from interested persons. Pursuant to the said order, publications were effected in "Indian Express" and "Dhina Mani" dated 28.06.2019. One offer was received from one Mr.R.S.Logeshwara quoting the price of Rs.60,00,000/-.
2. Since there was only one response, by an order dated 22.07.2019, the plaintiff Trust was again directed to make a publication in "Dhina Malar". The said publication was made on 26.07.2019. The same person Mr.R.S.Logeshwara made a offer for the same price viz., Rs.60,00,000/- on 31.07.2019. Three other offers have been received from the following persons:
Date of Offer Name of the Offeree Amount 03.08.2019 B.Ramesh Kumar Rs.40,00,000/- 03.08.2019 S.Sathuragiri Mahalingam Rs.48,00,000/- 05.08.2019 S.Nagooran Rs.42,00,000/-
3. No other offer has been received. Considering the fact that Mr.R.S.Logeshwara S/o. B.Ravi has offered maximum amount, the plaintiff Trust is permitted to sell the property to R.S.Logeshwara, S/o. B.Ravi, 2/4
No.5/116, Pillayar Koil Street, Medavakkam, Chennai - 600 100 for a sum of Rs.60,00,000/- as per his offers dated 01.07.2019 and 31.07.2019.
4. In fine, the suit is decreed permitting the plaintiff to sell the property to Mr.R.S.Logeshwara, S/o. B.Ravi, No.5/116, Pillayar Koil Street, Medavakkam, Chennai - 600 100 for a sum of Rs.60,00,000/- as per his offers dated 01.07.2019 and 31.07.2019. No cost.
08.08.2019 dsa Index : Yes/No Internet : Yes/No Speaking Order/ Non-Speaking Order 3/4
R.SUBRAMANIAN, J.
dsa 08.08.2019 4/4