MONICCA SHANTHA NELSON Vs. RAJALAKSHMI VENUGOPAL

JUDGEMENT

(1.) The Appeal : This Original Side Appeal in O.S.A.No.212 of 2017 is filed by the unsuccessful plaintiffs, aggrieved by the judgment and decree, dtd. 15/6/2017 of the learned Single Judge of this Court in C.S.No.701 of 2011, thereby, dismissing the suit filed by plaintiffs for specific performance of the sale/development agreement, dtd. 1/9/2010 by accepting balance sale consideration of Rs.43,80,000.00 and to compete the construction and hand over the C-schedule Flat No.2 to the plaintiffs and for permanent injunction from in any manner dealing with the said flat or the undivided share in respect of the share of the said flat.

(2.) Monicca Shantha Nelson, the daughter, S.Shantha, the mother and J.Samuel Nelson, the father are the plaintiffs/prospective purchasers of the flat. The first defendant, Rajalakshmi Venugopal, the mother, the second defendant V.Seshadhari, the son of the first defendant, are the owners of the schedule - A property. The third defendant, S.Velladurai, is their Power of Attorney agent. The fourth defendant, namely Noah Constructions, represented by its proprietor, G.Manoharan Joseph is the builder. In this judgment, the parties are referred to as per their array in their Original Suit. The admitted facts:

(3.) The admitted facts before the trial court are that the first and second defendants are the owners of the Schedule - A property, which is a piece and parcel of land ad-measuring about 1800 Sq.ft in old Door No.12, New Door No.2, III Cross Street, United India Colony, Kodambakkam, Chennai - 600024. The first and second defendants entered into a joint development agreement with the fourth defendant/builder through the third defendant, their Power of Attorney agent, on 11/7/2007, for demolishing existing superstructure on the said plot and to put up a new construction, consisting of stilt-cum-ground floor, first floor and second floor in the property by way of residential flats. As per the joint development agreement, dtd. 11/7/2007, which is marked as Ex.P-6, the first and second defendants are entitled to the ground and first floor and the second floor would go to the share of the builder/fourth defendant.