ASHA Vs. JEFFREY MATHURANAYAGAM

JUDGEMENT

(1.) This civil suit has been filed, to pass a judgement and decree, against the Defendants:-

(2.) The Schedule of property is the land, building and premises, known as KG Retreat at Door No.119, G.N.Chetty Road, T.Nagar, Chennai-17, measuring 4 grounds and 252 sq.ft. Even though in the relief, there is mention about the Association room/ library cum indoor game rooms and security room, there is no separate Schedule shown for the same in the plaint.

(3.) According to the Plaintiffs, the Plaintiffs are the owners and occupiers of residential flats in the said 'KG Retreat Apartment', which was developed by the 2nd Defendant in a joint venture with the 1st Defendant. The development agreement was dated 9.12.1992. Ten flats were constructed. It is stated that all the owners, except two owners, who are the owners of flats 1A and 1B, were parties to the suit. The apartment consisted of a ground and three floors. Out of 10 flats, 9 flats are residential and one flat in the ground floor was non residential. According to the Plaintiffs the agreement for development dated 9.12.1992 indicated that the constructed area were to be shared in the ratio of 50:50 between the 1st and 2nd Defendants. The 2nd Defendant agreed to allot 50% of the constructed area to the 1st Defendant and the 1st Defendant had agreed to execute and register sale deeds in favour of the 2nd Defendant or his nominees for 50% undivided share in the suit land.