S JAYARAMAN Vs. ANANYAKRISHNAA CONSTRUCTIONS PVT LTD

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order dated 07.08.2015 made in I.A.No.9673 of 2015 in O.S.No.3229 of 2015 on the file of the IV Assistant City Civil Court, Chennai in charge of III Assistant City Civil Court, Chennai.

(2.) Learned counsel for the petitioner submitted that the respondent as a plaintiff filed a suit in O.S.No.3229 of 2015 for mandatory injunction directing the defendant to execute the registered Power of Attorney deed/Joint Venture Agreement on the basis of the consent letter dated 21.01.2012 of the schedule property and also for permanent injunction. During the pendency of the suit, the petitioner/defendant filed an application in I.A.No.9673 of 2013 for rejection of the plaint stating that the suit is barred by law as per Order VII Rule 11(d) of CPC and under Section 14(1)(b) & (d) of Specific Relief Act. The Trial Court after considering the objection raised by the plaintiff, dismissed the application. Against which, the present Civil Revision Petition has been filed by the petitioner/defendant.

(3.) Learned counsel for the petitioner submitted that as per Section 14(1)(b) and (d) of Specific Relief Act the suit is barred under law. He would submit that the consent letter was executed on 21.01.2012 but subsequently that has been revoked by him on 21.08.2012 and he obtained Power of Attorney from other flat owners and filed an application before the Corporation for demolition of the building and made a joint venture. He further submitted that once he has revoked the consent letter it is not enforceable. He would also submitted that the letter dated 21.01.2012 has not contained the particulars in respect of what is the plinth area, minute details of the joint venture and so, it is not enforceable. Hence, he prayed for setting aside the order passed by the Trial Court. To substantiate his argument, he relied upon the decision reported in (M.Gnanasambandam and others vs. M.Raja Appar and others, 2009 2 CTC 819).