K.Muthu Mohammed v. S.P.Muthiah

A.No.3525 of 2022 in C.S.DR.No.86701 of 2022 A.No.3525 of 2022 in C.S.DR.No.86701 of 2022 KRISHNAN RAMASAMY.J., This application has been filed, seeking to grant leave to institute the intending suit as against the respondents/defendants and their property at No.3/54-C, comprised in Survey No.14/3, Valluvar Salai, Ramapuram, Chennai - 600 089.

2. The suit is filed for specific performance. In the petition, it is stated that the substantial cause of action arose at Chennai where both the parties are residing and it is within the jurisdiction of this Court. However, the suit schedule property is situated at Valluvar Salai, Ramapuram, Chennai, which is within the jurisdiction of the Greater Chennai but outside the jurisdiction of this Court. It is further stated that the balance of convenience is for institution of the suit within the jurisdiction of this Court in as much as the persons who are conversant with the sale transaction and the terms agreed upon between the parties, who would tender evidence at a later date. Hence, the present application is filed for enforcement of contract as against the respondents/defendants and the property, which is situated at Ramapuram, Chennai.

3. Considering the facts and circumstances of this case and in the interest of justice, this Court is inclined to allow this Application and leave to institute the intending suit as against the respondents/defendants and their property, is granted.

4. Accordingly, this Application stands allowed as prayed for. 23.08.2022 Sni https://www.mhc.tn.gov.in/judis

A.No.3525 of 2022 in C.S.DR.No.86701 of 2022 KRISHNAN RAMASAMY.J., Sni A.No.3525 of 2022 in C.S.DR.No.86701 of 2022 23.08.2022 https://www.mhc.tn.gov.in/judis