Supreme Court - Daily Orders
S. Palanivel vs P. Natesan on 4 April, 2022
Bench: Ajay Rastogi, C.T. Ravikumar
SLP(C) Nos. 11333-11334/2018
ITEM NO.38 COURT NO.13 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 11333-
11334/2018
(Arising out of impugned final judgment and order dated 26-10-2017
in AS No. 485/2008, 26-10-2017 in AS No. 484/2008 passed by the
High Court Of Judicature At Madras)
S. PALANIVEL & ANR. PETITIONER(S)
VERSUS
P. NATESAN & ORS. ETC. RESPONDENT(S)
Date : 04-04-2022 These petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE AJAY RASTOGI
HON'BLE MR. JUSTICE C.T. RAVIKUMAR
For Petitioner(s) Mr. Tushar Bakshi, AOR
For Respondent(s) Mr. K.V. Vishwanathan, Sr. Adv.
Mr. B. Ragunath, Adv.
Mr. Vijay Kumar, AOR
Mr. Sriram P., AOR
UPON hearing the counsel the Court made the following
O R D E R
The petitioners filed suit O.S. No.193 of 2002 for specific performance of agreement for sale dated 05.07.1998 against the 1 st respondent before the Court of Principal Sub-Judge, Salem. Signature Not Verified
After recording a finding that the agreement to sell dated Digitally signed by DEEPAK SINGH Date: 2022.04.07 05.07.1998 18:32:47 IST Reason: is not a valid document and will not bind the 1 SLP(C) Nos. 11333-11334/2018 respondents/defendants, the suit came to be dismissed by the learned trial Court by judgment dated 20.03.2008 and appeal preferred at the instance of the petitioner/plaintiff also came to be dismissed by judgment dated 26.10.2017. Therefore, both the Courts recorded concurrent finding of fact against the petitioners.
When the petitioners approached this Court, by an order dated 11.05.2018, a limited notice was issued as under:
“Application seeking exemption from filing official translation is allowed.
Issue notice limited to refund of money paid under the Agreement.” Mr. Mr. K.V. Vishwanathan, learned Senior Advocate for the respondents submits that in the written statement filed in the first instance and also thereafter, the admitted amount which was paid by the petitioners was to the tune of Rs.4,50,000/- in reference to the alleged sale consideration to the respondents on 05.07.1998.
That the sale agreement dated 05.07.1998 could not be proved and the amount which has been admitted by the respondents being paid is Rs.4,50,000/- on 05.07.1998, we consider it appropriate to direct that the said amount be made over to the petitioners along with simple interest @ 9% per annum i.e. to the tune of Rs.14,11,875/- (Rs.4,50,000/- (principal amount) + Rs.9,61,875/- (@ 9% interest for 23 years 9 months), which we round-up to Rs.14,12,000/-.
2 SLP(C) Nos. 11333-11334/2018 Thus, the respondents shall pay Rs.14,12,000/- to the petitioners within a period of 8 weeks and immediately on payment being made over to the petitioners, the original title papers of the subject property lying in the trial Court shall be released to the respondents.
Copy of this order be sent to the concerned trial court. The Special Leave Petitions stand disposed of in the above terms.
Pending application(s), if any, shall stand disposed of.
(POOJA SHARMA) (BEENA JOLLY)
COURT MASTER (SH) COURT MASTER (NSH)
3