Civil Suit No. 296 of 2012, A. No. 2138/2012 and O.A. No. 359/2012. Case: N.S.N. & Co. and Ors. Vs Mehul J. Patel and Ors.. High Court of Madras (India)
| Case Number | Civil Suit No. 296 of 2012, A. No. 2138/2012 and O.A. No. 359/2012 |
| Counsel | For Appellant: G. Govindarajan, Adv. |
| Judges | G. Chockalingam, J. |
| Issue | Property Law |
| Judgement Date | August 31, 2015 |
| Court | High Court of Madras (India) |
Judgment:
G. Chockalingam, J.
-
The suit has been filed by the plaintiffs seeking for the relief [a] for declaration declaring that the Deed of Sale dated 24.04.2008, registered as Document No. 592 of 2008 on the file of Sub-Registrar, Triplicane, executed by the first defendant herein in favour of the second defendant in respect of the suit schedule property is without any authority and as such null and void and not binding on the plaintiffs; [b] for permanent injunction restraining the defendants 1 and 2, their agents, servants, men or any one acting on their behalf or under their instructions from in any manner encumbering or alienating the suit schedule property under the strength of Sale Deed dated 24.04.2008, registered as Document No. 592 of 2008 on the file of Sub-Registrar, Triplicane, executed by the first defendant herein in favour of the second defendant in respect of the suit schedule property and [c] for costs of the suit.
-
The case of the plaintiffs, as stated in the plaint, is as follows:-
The plaintiffs are the absolute owners of all that piece and parcel of undivided share of land measuring an extent of 2173.37 sq. ft., out of 1,29,367 sq. ft., comprised in R.S. No. 281/1, 281/2 (part), 281/3, 281/4 [O.S. No. 281/2 (Part) 281/5, 281/2 (part), 282/2, 282/3, 282/4, 282/8 (O.S. No. 282/6 (part) and 282/7)] of Triplicane Revenue Village, within the Revenue Division of Mylapore, Triplicane Taluk bearing Door Nos. 113 to 121 and 123 to 134, Raheja Towers, Wind Delta of Block 'A' together with superstructure measuring 6710 sq. ft., in the fourth Floor bearing Unit No. O-0405, Mount Road, Chennai, more fully described in the schedule, having purchased the same under registered Sale Deed dated 03.03.2004, Doc.No. 341 of 2004 on the file of the Sub-Registrar, Triplicane. From the date of said purchase of the schedule property, the plaintiffs are in possession and enjoyment of the same and they had leased out the schedule property to M/s. ABN Amro Central Enterprise Services Private Limited, for a monthly rent of Rs. 2,2,8,140/- initially for a period of 3 years renewable once in every 3 years, which has now been merged with Royal Bank of Scotland, the third defendant herein. The plaintiffs availed loan of Rs. 1,40,00,000/- from M/s. Vijaya Bank, Indra Nagar Branch, Bangalore, by creating mortgage over the suit schedule property and the said loan is still pending. The first defendant herein is the nephew of the second defendant...
To continue reading
Request your trial