LAWS(MAD)-2016-12-212

RAJKUMAR CONSTRUCTION LIMITED Vs. K DORAI SAMY

Decided On December 23, 2016
Rajkumar Construction Limited Appellant
V/S
K Dorai Samy Respondents

JUDGEMENT

(1.) The petitioner has filed this Civil Revision Petition to set aside the Fair and Final Order dated 06.07.2011 made in I.A.No.287 of 2011 in CRF No.1286 of 2011 on the file of the Court of District Munsif, Tiruppur.

(2.) The case of the revision petitioner is that the petitioner's construction viz. M/s.Rajkumar Construction Limited, represented by its Managing Director entered into an agreement of sale with the respondent herein on 28.10.2008. The respondent herein is the owner of the suit property agreed to sell the suit property for a total sale consideration of Rs.5,75,00,000/- and the petitioner herein paid an advance amount of Rs.2,55,00,000/- to the respondent herein on the date of sale agreement.

(3.) The further case of the revision petitioner is that he was put in possession of the suit property on the date of sale agreement itself. Since the respondent herein failed to cancel the earlier 7 sale deeds executed by his predecessor-in-title, the revision petitioner filed a suit for permanent injunction against the respondent herein from alienating the suit property and restraining the respondent herein from interfering with the peaceful possession and enjoyment of the revision petitioner over the suit property.