MCT. M. CHIDAMBARAM TRUST Vs. V. RAVICHANDRAN

JUDGEMENT

(1.) The defendant in O.S. No. 387 of 2007 on the file of the learned Additional District Judge, Chengalpattu is the appellant in this appeal. The said suit was filed by the respondent herein for specific performance directing the defendant/appellant herein to execute and register the sale deeds in the name of the plaintiff/respondent herein or his nominee either in single or various sale deed/s and to handover the vacant possession of the suit property as per the terms of the agreement dated 01.04.1998, in default, the Court shall execute a sale deed and handover possession of the suit property in his favour. The trial court decreed the suit by the Judgment and Decree dated 30.11.2015 against which the defendant/appellant has come forward with this Appeal Suit.

(2.) For the sake of convenience, the parties shall be referred as they were arrayed in the suit before the trial court, as Plaintiff and Defendant.

(3.) As per the plaint averments, the defendant is a Trust duly registered under the Indian Trust Act and it was known as Chidambaram Foundation. According to the plaintiff, the defendant was the absolute owner of the land measuring an extent of 5 acres and 6 cents comprised in Survey No.52 and 53/2 at Seevaram Village, Tambaram Taluk, Kancheepuram District. According to the plaintiff, the defendant Trust approached him during the year 1995 for selling the lands more-fully described in 'A' Schedule of the plaint and furnished the copies of the documents of title evidencing ownership of the said land. The defendant-Trust also requested the Plaintiff to take various measures that are necessary to release the property from the purview of Urban Land Ceiling Act. Accordingly, the plaintiff had taken steps to bring the property out of the purview of Land Ceiling Act, for which purpose, he incurred huge expenses and also to make the land a saleable and marketable one. According to the plaintiff, it has taken two years for him from 1995 to 1997 to bring the lands out of the purview of Urban Land Ceiling Act by approaching various authorities and for obtaining layout approval to divide the lands into housing plots. After completing all the formalities, the defendant approached the plaintiff and sought his assistance to sell the lands on their behalf, for which purpose, an agreement for sale was also executed on 01.04.1998. As per the agreement, the sale consideration for the lands was fixed at Rs. 45,000/- per cent and the defendant-Trust also agreed to execute the sale deed in favour of the purchaser (plaintiff) or nominee or nominees identified by the plaintiff. It was further agreed by the defendant that even though the sale consideration was fixed at Rs. 45,000/- per cent, if any amount is realised by the plaintiff over and above the Rs. 45,000/- per cent, such amount shall be appropriated by the plaintiff towards consideration for developing and selling the plots. As per the agreement, the plaintiff paid a sum of Rs. 5,00,000/- as advance by way of demand draft during the month of March 1998 even prior to signing the agreement dated 01.04.1998.