V.Balaji v. T.S.Parthasarathy

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

C.S.No.50 of 2019,
A.No.1215 of 2019
and
O.A.No.50 of 2019
1.V.Balaji
2.B.Rani ... Plaintiffs
Vs.
1.T.S.Parthasarathy
2.P.Vasudevan
3.V.Ragavendran
4.V.Barath Kumar
5.J.Srinivasan
6.City Union Bank,
Rep. by its Manager,
Mandaveli Branch,
Mandaveli Street,
Mandaveli, Chennai – 600 028.
... Defendants

Plaint filed under Order IV Rule 1 of the Original Side Rules read with Order VII Rule 1 of the Code of Civil Procedure praying to pass a judgment and decree:

http://www.judis.nic.in

2

(a) directing the defendants 1 to 4 to specifically perform their part of the obligations and duties arising out of the agreement for sale dated 20.08.2018 by executing a deed of sale in faovur of the plaintiffs, on receipt of the balance sale consideration of Rs.2,18,00,000/- (Rupees Two Crores and Eighteen Lakhs only), along with the 5^th defendant, in respect of the suit schedule mentioned property, on a date to be fixed by this Hon'ble Court and, in default, direct an officer of this Hon'ble Court, on deposit of the balance sale consideration of Rs.2,18,00,000/- (Rupees Two Crores and Eighteen Lakhs only) payable by the plaintiffs to the defendants 1 to 4 as per terms of the agreement for sale dated 20.08.2018, by executing a deed of sale in respect of the suit schedule mentioned property in favour of the plaintiffs and register the same at the cost and expenses of the plaintiffs on a date to be fixed by this Hon'ble Court or, in the alternate, direct the defendants 1 to 5 to pay the plaintiffs the sum of Rs.2,19,94,700/- (Rupees Two Crores Nineteen Lakhs Ninety four Thousand and Seven Hundred only) together with future interest at 18% per annum from the date of plaint till date of realization, being the damages arising out of the breach of contract dated 20.08.2018;