LAWS(MAD)-2012-9-55

MOHAMED SALEEM Vs. T S M HAJA MOHEDEEN

Decided On September 06, 2012
MOHAMED SALEEM Appellant
V/S
T S M HAJA MOHEDEEN Respondents

JUDGEMENT

(1.) THE suit has been filed by the plaintiff seeking a direction directing the defendant to execute a sale deed in favour of the plaintiff by conveying half of the undivided share in house and ground premises bearing new door No.42 and 44, Old No.24 and 25, Madley Road, T.Nagar, Chennai 17 comprised in Pymash No.77/2, R.S.No.158/4, T.S.No.5661 measuring an extent of 2 grounds and 1482 sq.ft (6282 sq.ft) morefully described in the schedule hereunder within the time to be specified by this Hon'ble Court after receipt of the balance sale consideration of Rs.50,00,000/-, in default of compliance of the said direction by the defendant within the specified time, the Hon'ble Court shall execute the deed of sale by and through an officer of this Hon'ble Court deputed therefor or in the alternative, after depositing the balance sale consideration of Rs.50,00,000/- by the plaintiff on and to direct the defendant to pay the sum of Rs.20,00,000/- to the plaintiff with interest thereon at 18% per annum from 21.08.2004 till the date of realisation.

(2.) THE case of the plaintiff as stated in the plaint would be as follows:

(3.) .Thereafter, the case was posted before the learned Additional Master No. II. The plaintiff examined himself as P.W.1 and marked Exs.P1 to P4 to substantiate his case as stated in the plaint. The evidence of plaintiff is completed. But the defendant did not appear through counsel to cross examine PW.1. The learned counsel for the defendant had also reported no instructions before the learned Additional Master. Therefore, the learned Additional Master No.II placed the matter before the Court.