lands in favour of the first petitioner/Dayalan. As per the agreement of sale, it was agreed by both the purchaser and seller that Rs.16,000/- will be the sale price for one cent of land. On the basis of such agreement of sale, the first petitioner/Dayalan paid Rs.32,00,000/- (Rupees Thirty Two Lakhs Only) as advance sale consideration by way of cheque between 08.03.2005 to 13.07.2006. One of the conditions incorporated in the agreement of sale is that the sale will be effected after the Urban Land Ceiling proceedings initiated against the lands are resolved. According to the proposed purchaser namely first petitioner/Dayalan, even after two years, the ceiling proceedings have not attained finality. Further, even after two years, he could not mobilise the balance sale consideration of about Rs.32 Lakhs. Therefore, with the consent of the land owners, the first petitioner – Dayalan approached the de-facto complainant viz., M/s.Goa Ocenarium Private Limited and requested to purchase the aforesaid lands along with other adjacent lands for Rs.1,69,00,000/-. The de-facto complainant, accepting such an offer, paid the entire sale consideration to the first petitioner by way of cheque as well as cash. However, the first petitioner has failed to complete the sale in favour of the de-facto complainant, rather, sold the aforesaid lands, through his power of Attorney holder/Seenivasan, who is arrayed as A2, in favour of the second petitioner herein/A3, by way of registered sale deed dated 01.12.2006 registered as document Nos.13566 of 2006, on the file of the Sub-Registrar, Ambattur. When it was questioned by the de-facto complainant, the first petitioner threatened them with dire consequences, which resulted in registration of the case.
