LAWS(MAD)-2012-3-279

HIMAYAM ENGINEERS AND BUILDERS Vs. S RAVICHANDRAM

Decided On March 30, 2012
Himayam Engineers and Builders Appellant
V/S
S Ravichandram Respondents

JUDGEMENT

(1.) The present suit is filed for specific performance of the development agreement dated 10.09.2003 entered into between the plaintiff and the defendants 1 and 2 represented by their power of attorney agent, the third defendant herein. The plaintiff also prayed for permanent injunction restraining the defendants from in any manner interfering with the plaintiff from proceeding with construction in the suit property in accordance with the approved plan hereafter to be obtained from the Chennai Metropolitan Development Authority. Alternatively, the plaintiff prayed for direction to the defendants 1 and 2 to pay the plaintiff a sum of Rs.71,00,000/- (Rupees Seventy One Lakhs Only) towards damages for breach of development agreement and Rs.20,00,000/- (Rupees Twenty Lakhs Only) being the return of advance amount, in all a total sum of Rs.91,00,000/- (Rupees Ninety One Lakhs Only).

(2.) The averments made by the plaintiff in the plaint are as follows:

(3.) This Court, on 18.05.2005, granted interim injunction in O.A.No.552 of 2005 in C.S.No.460 of 2005, restraining the defendants from alienating the suit property or engaging any other builder for development of suit property.