SAVORIT LIMITED REPRESENTED BY ITS CHAIRMAN CUM MANAGING DIRECTOR Vs. TAMIL NADU STATE MARKETING CORPORATION LIMITED

JUDGEMENT

(1.) THE suit was filed by the respondent herein for the relief of specific performance to get a sale deed registered in respect of the suit property, namely 4.70 acres of land comprised in S.No.296/part, 302/1B part and 302/2A of Millipadi Village, Dindigul Taluk and Dindigul District.

(2.) ACCORDING to the plaint averments, the appellant herein was the owner of the said property; the said property was needed for the erstwhile Tamil Nadu Spirit Corporation (TASCO) and instead of going for a straight acquisition under the provisions of the Land Acquisition Act, the Government decided to get it on private negotiation; that on such private negotiation, the appellant herein/defendant agreed to sell the said property for price to be fixed by the District Collector, acting as arbitrator, subject to revision and confirmed by the Government; that the terms of the agreement were not reduced into formal written agreement; that on the other hand with the consent of the appellant herein/defendant, possession was taken on 13.06.1990 itself, with the understanding that the transaction would be completed on the basis of the land value to be fixed by the Collector, subject to confirmation by the Government; that pursuant to the same, the District Collector fixed the land value at Rs.29,000/- per acre and communicated the same to the appellant herein/defendant by a letter dated 24.09.1990; that on receipt of the said letter, the appellant herein/defendant sent a reply expressing dissatisfaction with the quantum fixed as the land value and expressed its willingness to sell the property at the rate of Rs.1,00,000/- per acre plus interest on the land value from 13.06.1990 ie., from the date of taking possession till the date of registration; that after the receipt of the said reply, a meeting was convened and on discussion it was ultimately agreed to constitute a committee consisting the Collector of the Dindigul District, Managing Director of TASCO and the District Revenue Officer of Dindigul as Members to enter upon negotiations with the appellant herein/defendant for fixing the land value and that the committee thereafter made a recommendation on 11.04.1991 fixing the price of the land at Rs.50,000/- per acre plus interest at the rate of 12% p.a. from the date of taking possession of the land by TASCO till date of payment of the land value.

(3.) BASED on the above said pleadings, the learned trial Judge framed issues which were as follows: -