SUBASREE REAL ESTATES Vs. BIJAYSHREE RESOURCES LIMITED

JUDGEMENT

(1.) SUIT filed under Order VII Rule 1 of Code of Civil Procedure read with Order IV Rule 1 of Original Side Rules prays for a judgment and decree (a) to direct the defendant to execute and register sale deed/s in respect of the entire properties described in the plaint-schedule, either as a whole or in plots, in favour of the plaintiff or the plaintiff's nominee/s, at the cost of the plaintiff and upon payment of the sale consideration to the defendant at the rate of Rs.5,500/- (Rupees Five Thousand and Five Hundred) per ground of 2,400square feet, (b) permitting the plaintiff to implement the sanctioned layout (Exhibit A-2) by complying with all the conditions laid down in Exhibit A-3, including the power to execute and register and handover the necessary deeds in favour of the Thiruvallur Municipality in respect of roads and paths etc earmarked in Exhibit A-2, and (c) for costs of and incident to the suit.) The suit is filed against the defendant to execute and register sale deed/s in respect of the entire properties described in the plaint-schedule, either as a whole or in plots, in favour of the plaintiff or the plaintiff's nominee/s, at the cost of the plaintiff upon payment of the sale consideration to the defendant at the rate of Rs.5,500/- per ground of 2,400 square feet and to permit the plaintiff to implement the sanctioned layout (Exhibit A-2) by complying with all the conditions laid down in Exhibit A-3, including the power to execute and register and handover the necessary deeds in favour of the Thiruvallur Municipality in respect of roads and paths etc earmarked in Exhibit A-2 and for costs and incident to the suit.

(2.) THE plaintiff is a registered Firm represented by its Managing Partner. THE defendant is a Company registered under the Companies Act. THE plaintiff and defendant have entered into an agreement at Madras on 18.06.1984, under which, the defendant agreed to sell the plaint schedule properties at the rate of Rs.5, 500/- per ground, on or before 31.05.1985 or within six months after the defendant completed the implementation on ground of the lay-out duly sanctioned by the Town Planning Authorities, whichever is later. THE said agreement dated 18.06.1984 is marked as Ex.A-1.

(3.) WHEN the plaintiff had been reminding the defendant regarding the conditions imposed by the Municipal Authorities, the defendant was all along representing to him that he had been meeting the higher authorities and the officials to the Government and the Municipality to delete the conditions regarding the laying of roads, etc., on the premise that the same to be carried out at the cost of the Municipality.