This suit has been filed for recovery of a sum of Rs.48,00,000/- with interest at the rate of 12% p.a from the date of plaint till the date of realization of the amount or in alternate to direct the defendants to furnish bank guarantee for the suit claim and for consequential permanent injunction.
2. It is averred in the plaint that the plaintiffs are the legal heirs of late J.D.Pannalal and the said Pannalal entered into a sale agreement with the defendants 1 and 2 for the purchase of a land measuring 63.69 acres for a total consideration of Rs.7,64,28,000/- at the rate of Rs.12 lakhs per acre.
3. Mr.Pannalal paid a sum of Rs.1,48,00,000/- on different dates and such payments have been endorsed in the sale agreement itself by defendants 1 and 2. In the month of February 2002, defendants 1 and 2 returned to Pannalal Rs.1,00,00,000/- for the reasons best known to them and they have not come forward to execute the sale deed. After the demise of Pannalal, the plaintiffs approached the defendants 1 and 2 demanding execution of the sale deed, after receipt of the balance consideration. But the defendant have not come forward to execute the sale deed. The defendants 1 and 2 are bound to repay the balance amount of Rs.48,00,000/-, which has been received from Mr.Pannalal under the sale agreement. The third defendant has been added as a formal party.
4. The defendants 1 and 2 were called absent and set exparte.
The fourth plaintiff has been examined as P.W.1 and Exs.P.1 to P.3 were marked. Ex.P.2 is the Notarised legal heirship certificate to show that the plaintiffs are the legal heirs of J.D.Pannalal. The original sale agreement is marked as Ex.P.1. The endorsements were made in Ex.P.1 for the payment of Rs.1,48,00,000/- to the defendants 1 and 2 by J.D.Pannalal.
P.KALAIYARASAN, J tsvn
5. In the plaint, the plaintiffs pleads that out of Rs.1,48,00,000/- a sum of Rs.1,00,00,000/- was paid by defendants 1 and 2 to late J.D.Pannalal. They claim only the balance amount of Rs.48,00,000/- with interest at 12% p.a from the date of plaint till the date of realisation. The claim is proved.
In fine, the suit is decreed with costs, directing the defendants 1 and 2 to pay a sum of Rs.48,00,000/- along with interest at 12% p.a from the date of plaint till the date of realization.
09.03.2017 Index : Yes / No tsvn C.S.No.222 of 2005 http://www.judis.nic.in