M/S.Noohu Abdul Cadar Holdings v. Ms.R.Rajalakshmi And 2 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-10-2015 (Judgment Reserved on 21-09-2015)
CORAM:
THE HONOURABLE MR.JUSTICE G.CHOCKALINGAM Civil Suit No.1160 of 2009 & Original Application No.24 of 2010 M/s.Noohu Abdul Cadar Holdings (P) Ltd., M.K.M.Chambers, Third Floor, No.42, Kodambakkam High Road, Nungambakkam, Chennai-600 034.
.. Plaintiff Vs.
1. Ms.R.Rajalakshmi
2. Dr.Mrs.Sarasabarati
3. Ms.R.Vijayalakshmi .. Defendants Plaint filed and numbered as Civil Suit under Order 4 Rule 1 of the Madras High Court Original Side Rules, read with Order 7 Rule 1 of the Code of Civil Procedure, praying for judgment and decree:
(a) directing the defendants to jointly bind themselves to execute and register a sale deed in respect of the property shown in schedule hereunder pursuant to the agreement of sale executed by them, dated 22.03.2006 in favour of the plaintiff and in the event of the defendants failing to do so, directing an office appointed by this Court to execute such sale deed in favour of the plaintiff, and (b) directing the defendants to pay the costs of the suit.
Schedule of properties Item 1:
All that piece and parcel of the land situated at Plot No.78 A, Gulmohar Avenue, Velachery Road, Guindy, Chennai 600 032, comprised in Survey No.5/1, Block No.15 of Velachery Village, Mambalam Guindy Taluk, Chennai District, measuring an extent of 1 ground and 317 Sq.Ft. and being bounded on the North by: Corporation Door No.12, Gulmohar Avenue East by: House No.78.B, Gulmohar Avenue West by: Lands of Dr.S.Arumugam South by: 16 feet passage to House sites 78.B and 78.C Ad.measuring North to South on the Eastern side 57 feet, Western side 27 feet, East to West on the Northern side 65 feet, Southern side 65 feet, in all measuring 1 ground and 317 Sq.Ft. or thereabouts lying within the SubRegistration District of Velachery and Registration District of South Chennai.
Item No.2:
All that piece and parcel of the land situated at Plot No.78.B, Gulmohar Avenue, Velachery Road, Guindy, Chennai 600 032, comporised in Survey No.5/1, Block No.15 of Velachery Village, Mambalam Guindy Taluk, Chennai District, measuring an extent of 1 ground and 1971 Sq.Ft. and being bounded on the North by: Properties of A.K.Thiagarajan East by: House No.78.C, Gulmohar Avenue West by: House No.78.A, Gulmohar Avenue South by: 16 feet passage to House sites 78.B and 78.C lying within the Sub-Registration District of Velachery and Registration District of South Chennai. Item No.3:
All that piece and parcel of the land situated at Plot No.78.C, Gulmohar Avenue, Velachery Road, Guindy, Chennai600 032, comprised in Survey No.5/1, Block No.15 of
Velachery Village, Mambalam Guindy Taluk, Chennai District, measuring an extent of 1 ground and 2300 Sq.Ft., and being bounded on the North by: Properties of A.K.Thiagarajan East by: Property of K.G.Krishnan West by: Plot No.78.B, Gulmohar Avenue South by: 16 feet passage lying within the Sub-Registration District of Velachery and Registration District of South Chennai.
Item No.4:
All that piece and parcel of the land situated Gulmohar Avenue, Velachery Road, Guindy, Chennai-600 032, comprised in R.S.No.78, T.S.No.5/3.B, Block No.15 of Velachery Village, Mambalam Guindy Taluk, Chennai District, measuring an extent of 519 Sq.Ft. and being bounded on the North by: T.S.No.5/1 East by: Portion of T.S.No.5/3.B, held by E.G.Vijayalakshmi West by: 10 feet wide passage South by: 40 feet road lying within the Sub-Registration District of Velachery and Registration District of South Chennai.
Item No.5:
All that piece and parcel of the land situated Gulmohar Avenue, Velachery Road, Guindy, Chennai 600 032, comprised in R.S.No.78, T.S.No.5/3.B, Block No.15 of Velachery Village, Mambalam Guindy Taluk, Chennai District, measuring an extent of 50 Sq.Ft. and being bounded on the North by : T.S.No.5/1 East by: Portion of T.S.No.5/3.B held by E.G.Vijayalakshmi West by: 16 feet wide passage South by: Portion of T.S.No.5/3.B held by E.G.Vijayalakshmi lying within the Sub-Registration District of Velachery and
Registration District of South Chennai.
For plaintiff : Mr.S.A.Rajan For defendants: Defendants set ex-parte on 24.09.2014
JUDGMENT
The Civil Suit is filed by the plaintiff to direct the defendants to execute the sale deed in respect of the suit properties, pursuant to the agreement of sale executed by them, dated 22.03.2006 in favour of the plaintiff.
2. The suit properties belong to the defendants, who are the daughters of Late Raghuraja Bharati and the defendants have purchased the suit schedule properties by different sale deeds and they are reconstituted into one property and are capable of being sold as one unit. The defendants, on 22.03.2006, agreed to sell the properties to the plaintiff for sale consideration of Rs.75 lakhs and on the same day, the plaintiff paid Rs.15 lakhs by cash and Rs.20 lakhs was paid by Demand Drafts. These Demand Drafts and cash were handed over to the defendants at their request for payment in Civil Suits pending before this Court in C.S.Nos.678 and 679 of 2005. The defendants agreed to receive the balance sale consideration of Rs.40 lakhs at the time of execution and registration of the sale deed. The plaintiff has always been ready and willing to pay the balance sale consideration. The defendants have been
evading to execute the sale deed and the said two Civil Suits have not yet been disposed of. The defendants have not provided clear title to the suit properties. In addition to the advance sale consideration paid, the plaintiff spent Rs.19,03,740/- towards payment of part of sale consideration and such expenditure was incurred at the instance of the defendants who consented for the same. The plaintiff further states that in addition to the amount already paid, they have to only pay Rs.40 lakhs, less the amount already spent. The defendants, in their rejoinder, dated 15.08.2009, denied the receipt of the entire amount stated by the plaintiff and admitted that only Rs.20 lakhs was paid to them towards part of the sale consideration and also stated that they were not willing to sell and register the properties in favour of the plaintiff. Hence, this suit is filed by the plaintiff to direct the defendants to execute the sale deed in respect of the suit properties, pursuant to the sale agreement executed on 22.03.2006 in favour of the plaintiff.
3. Though the defendants have been served with Court notice, they were set ex-parte by this Court on 24.09.2014.
4. The Chief Executive Officer of the plaintiffCompany was examined as P.W.1 and Exs.P-1 to P-4 were marked.
5. The execution of Ex.P1- sale agreement and Exs.P-2 to P-4 are proved by the plaintiff through the evidence of
P.W.1. It is also proved by the plaintiff through the said oral and documentary evidence that they have always been ready and willing to perform their part of contract by paying the balance sale consideration.
6. During the course of arguments in the suit, the plaintiff deposited the balance sale consideration of Rs.40 lakhs by way of Demand Draft, dated 09.09.2015 drawn on Indian Overseas Bank, Gemini Circle, Chennai, in favour of the Registrar General, High Court, Madras.
7. Thus, the plaintiff clearly proved their case and they are entitled to decree of specific performance as prayed for. Accordingly, the suit is decreed ex-parte, as prayed for, with costs. The defendants are directed to execute the sale deed in accordance with law. O.A.No.24 of 2010 is closed.
Witnesses examined on the side of plaintiff:-- P.W.1 Mr.M.Aydrouse List of documents marked on the side of plaintiff:-- Exhibi t No.
Date Description of the exhibit P-1 22.03.2006 Original Agreement of sale entered into between the plaintiff and the defendants P-2 20.07.2009 Original letter sent by the defendants to the plaintiff along with the postal cover P-3 25.07.2009 Office copy of the reply sent by the plaintiff to the defendants
Exhibi t No.
Date Description of the exhibit Authorisation letter of the Director of the plaintiff-Company authorising P.W.1 to appear in the case, tender evidence and mark documents Witnesses examined on the side of defendants:-- Nil P-4 21.11.2014 Documents marked on the side of defendants:- Nil Court witness and Court document : Nil Sd/.G.C.J 27.10.2015 //Certified to be a true copy// Dated this the day of 2016 R.s/21.01.2016 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.