L&T HOUSING FINANCE LTD Vs. P. R. PONRAGU

JUDGEMENT

(1.) The above CMA arises out of a decretal order passed by the XIX Additional City Civil Court, Chennai in I.A.No.223 of 2018 in O.S.No.6480 of 2017 dismissing the I.A. filed by the appellant herein who was the applicant in I.A. and the second defendant in the suit before the Trial Court.

(2.) The suit was filed by the plaintiffs, who are respondents 1 & 2 herein for declaring the excess deduction by the second defendant, who is the appellant herein after 05.09.2017 as illegal and not binding on them and for a consequential direction of permanent injunction restraining the defendants, their men, agents or from anyone claiming through them from encashing the cheques pertaining to Saving Bank Account No.3023131855, Central Bank of India, Kilpauk Branch, Chennai; for a mandatory injunction directing the defendants to issue "NO DUE CERTIFICATE" jointly and severally to the plaintiffs loan account No.13166873; directing the defendants jointly and severally to pay a sum of Rs.1,68,136/- with interest at the rate of 18% per annum from the date of Plaint till the date of its realization; for a mandatory injunction directing the defendants to hand over the Original documents i.e., (1) Sale Deed dated 17.05.1996 in Doc.No.1573/1996 registered on the file of the SRO Annanagar, (2) Construction Agreement dated 18.08.1996, (3) General Power of Attorney dated 22.12.2005 in Doc.No.2382/2005 registered on the file of he SRO, Annanagar, (4)Sale Deed dated 14.09.2007 in Doc.No.3303/2007 registered on the file of SRO Annanagar, 5)Pronotes, (6)Cheques pertaining to Saving Bank Account No.3023131855, Central Bank of India, Kilpauk Branch, Chennai; directing the defendants jointly and severally to pay the damages to a tune of Rs.2,00,000/- towards malafidely encashing the cheques pertaining to Saving Bank Account No.3023131855, Central Bank of India, Kilpauk Branch, Chennai; directing the defendants jointly and severally to pay the damages to a tune of Rs.3,00,000/- for non-handling over of the original property documents and directing the defendants jointly and severally to pay the damages to a tune of Rs.5,00,000/- towards distress, harassment, emotional and mental agony.

(3.) According to the plaintiffs therein, the respondents 1 & 2 herein had obtained housing loan by deposit of title deeds of the property situated at Flat No.G2 in Ground Floor, situated at Plot No.7, Old Door No.10, New Door No.13, 2R Type, East Club Road, Shenoy Nagar, Chennai - 600 030, flat measuring 961 Sq.Ft of Plinth area with 85 Sq.Ft of common area and in all a total built up area of 1046 Sq.Ft with 648 Sq.Ft. in Plot No.7, and comprised in Sy.No.40/3 Part, T.S.No.11 as per Patta T.S.No.10 of Aminjikarai Village, Egmore - Nungambakkam Taluk, Chennai District, from the first defendant who is the third respondent herein in the Appeal borrowed a sum of Rs.25,00,000/- with interest @ 13% per annum. According to the schedule of payment, the plaintiffs were required to pay 120 Equated Monthly Installments (EMI) at Rs.37,328/- commencing from 05.10.2007 to 05.09.2017. According to the plaintiffs therein, the repayment has been completed within time stipulated.