K.M.NARAYANASAMY Vs. GRACE HOMES AND ESTATES

JUDGEMENT

(1.) APPLN . No.506 of 2012: This application has been filed under Order 14 Rule 8 of O.S.Rules read with XXXVIII Rule 5 of C.P.C. for directing the respondent to furnish security for a sum of Rs.84,80,000.00 (Rupees eighty four lakhs eighty thousand only) or in the alternative attach the schedule mentioned properties. Appln. No.3942 of 2012: This application has been filed under Order 14 Rule 8 of O.S.Rules read with XXXVIII Rule 5 of C.P.C. to recall the order dated 8.2.2012 passed in Application No.506 of 2012 against the defendants directing them to furnish security for the amount claimed in the plaint.

(2.) THE plaintiff/applicant has filed a suit against the respondents/defendants for recovery of Rs.84,80,000.00 (Rupees eighty four lakhs and eighty thousand only) along with interest paid towards sale consideration, for plot bearing No.98, Eastern portion comprised in S.No.29 and 30, Ram Nagar South extension, Pallikaranai Village, Tambaram Taluk, Kancheepuram district measuring 4800 sq.ft. The plot was sold to plaintiff/applicant vide registered sale deed, dated 2.3.2007. The second respondent/defendant was paid a sum of Rs.40,00,000.00 (Rupees forty lakhs only) as sale consideration.

(3.) IT is the case of the plaintiff/applicant that the second respondent admitted that he has sold the land by creating bogus and forged documents. This fact came to the knowledge of the plaintiff/applicant in the month of September, 2010. The second respondent/defendant by accepting his mistake, gave a confirmation letter dated 16.10.2010 admitting the illegality committed him and also acknowledged his liability to pay a sum of Rs.40,00,000.00 (Rupees forty lakhs only). The defendants/respondents also issued two post dated cheques for Rs.20,00,000.00 (Rupees twenty lakhs each) bearing No.016833 and 016834, dated 10.1.2011 and 21.01.2011 drawn on Lakshmi Vilas Bank, Velachery branch, Chennai. The cheques were issued in the name of the proprietor concerned, namely, Grace Homes and Estates. It is submitted that the defendants/respondents also agreed to pay 24% interest p.a. on this amount.