LAWS(MAD)-2018-8-41

P DURAI Vs. VENCENT ASOKAN

Decided On August 03, 2018
P Durai Appellant
V/S
Vencent Asokan Respondents

JUDGEMENT

(1.) These four intra Court appeals have been filed by the plaintiffs, aggrieved by the dismissal of their respective suits by the learned Single Judge by judgment and decree dated, 21.11.2017.

(2.) The appellants are the tenants in the suit property. It is the case of the appellants that the first respondent had orally agreed to grant lease of the Shops, which is the subject matter of the suit property, for a period of 99 years by way of oral agreement.

(3.) Subsequently, the first respondent went back on oral agreement and sold the suit property in favour of the second respondent. The first respondent directed the appellants to pay the rents directly to the second respondent since the property has been conveyed to the second respondent. The appellants issued a notice dated 25.11.2003 to enforce the oral agreement. Since the lease deed was not executed in favour of the appellants as per the oral agreement, the appellants filed independent suits for the relief of Specific Performance to execute a registered lease deed for a period of 99 years based on the oral agreement and also for a permanent injunction not to interfere with their possession and enjoyment of the suit property.