w w w . L a w y e r S e r v i c e s . i n



Manish Agarwal & Another v/s Chitra Construction Pvt. Ltd., Rep. by Its Managing Director, S. Govindarajan, Chennai


Company & Directors' Information:- L & W CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2006PTC039095

Company & Directors' Information:- N H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC144604

Company & Directors' Information:- C S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140236

Company & Directors' Information:- MANISH CORPORATION PRIVATE LIMITED [Active] CIN = U17125MP2006PTC019169

Company & Directors' Information:- S D CONSTRUCTION PVT LTD [Active] CIN = U45209WB1993PTC058947

Company & Directors' Information:- AGARWAL & AGARWAL PVT LTD [Active] CIN = U27106WB1950PTC026266

Company & Directors' Information:- AGARWAL & AGARWAL PVT LTD [Active] CIN = U27106DL1950PTC332098

Company & Directors' Information:- M K R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2003PTC121828

Company & Directors' Information:- MANISH CO PVT LTD [Active] CIN = U51909WB1979PTC032027

Company & Directors' Information:- R K CONSTRUCTION PVT LTD [Strike Off] CIN = U00500BR1984PTC001953

Company & Directors' Information:- T D CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U70101AS2002PTC006719

Company & Directors' Information:- M I A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204DL2013PTC248344

Company & Directors' Information:- H N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2007PTC012923

Company & Directors' Information:- L V CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201UP1998PTC023382

Company & Directors' Information:- C. K. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U00501BR1990PTC003909

Company & Directors' Information:- CONSTRUCTION INDIA PVT LTD [Active] CIN = U45201GJ1979PTC003375

Company & Directors' Information:- H R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201UP2002PTC026867

Company & Directors' Information:- M B N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007322

Company & Directors' Information:- V K B S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1989PTC035435

Company & Directors' Information:- N J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102WB2012PTC186978

Company & Directors' Information:- C S R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC060034

Company & Directors' Information:- T M G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203UP2000PTC025597

Company & Directors' Information:- C D S CONSTRUCTION CO PVT LTD [Active] CIN = U45200MH1982PTC026703

Company & Directors' Information:- P J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201AS2000PTC006365

Company & Directors' Information:- A R C CONSTRUCTION PVT LTD [Active] CIN = U45202MH1996PTC096950

Company & Directors' Information:- N B S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC143267

Company & Directors' Information:- J M D CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1993PTC057456

Company & Directors' Information:- S R K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200BR1998PTC008483

Company & Directors' Information:- V & C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049012

Company & Directors' Information:- S B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203OR1994PTC003672

Company & Directors' Information:- O A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45203AR2005PTC007930

Company & Directors' Information:- J C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203AS1999PTC005975

Company & Directors' Information:- N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC146888

Company & Directors' Information:- V. K. CONSTRUCTION COMPANY PVT. LTD. [Active] CIN = U45102WB1991PTC050570

Company & Directors' Information:- M M CONSTRUCTION PVT LTD [Strike Off] CIN = U45200GJ1995PTC027508

Company & Directors' Information:- AGARWAL CO LTD [Active] CIN = U74140WB1950PLC018969

Company & Directors' Information:- P. L. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2007PTC171110

Company & Directors' Information:- L AND C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2001PTC028456

Company & Directors' Information:- C R CONSTRUCTION PVT LTD [Active] CIN = U45209WB1960PTC024811

Company & Directors' Information:- J S CONSTRUCTION PVT LTD [Active] CIN = U45201OR1981PTC000921

Company & Directors' Information:- S N S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45204HR2009PTC039160

Company & Directors' Information:- A V M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202GJ2007PTC050521

Company & Directors' Information:- M P J CONSTRUCTION (INDIA) PRIVATE LIMITED [Strike Off] CIN = U45400HR2011PTC044433

Company & Directors' Information:- A H CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201TN1990PTC019675

Company & Directors' Information:- MANISH (INDIA) PVT LTD [Strike Off] CIN = U27209WB1984PTC037408

Company & Directors' Information:- AGARWAL CONSTRUCTION COMPANY. PRIVATE LIMITED [Active] CIN = U45209MP2020PTC050570

Company & Directors' Information:- A R S S V CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202UR2020PTC011198

Company & Directors' Information:- A D CONSTRUCTION CO PRIVATE LIMITED [Strike Off] CIN = U45201UP1984PTC006464

Company & Directors' Information:- G V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102TN2009PTC072766

Company & Directors' Information:- D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70102JH2012PTC000717

Company & Directors' Information:- N. B. Y. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201HR2019PTC079172

Company & Directors' Information:- K R P CONSTRUCTION PVT LTD [Active] CIN = U45200MH1989PTC053580

Company & Directors' Information:- R S M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142245

Company & Directors' Information:- R & S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR2012PTC018727

Company & Directors' Information:- B M S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101WB2006PTC110196

Company & Directors' Information:- N AND K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45500CT2020PTC010948

Company & Directors' Information:- A C K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45203PN2002PTC017065

Company & Directors' Information:- D. M. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74140WB2000PTC091230

Company & Directors' Information:- B M CONSTRUCTION CO PVT LTD [Strike Off] CIN = U70101WB1987PTC043414

Company & Directors' Information:- S K L CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201OR2012PTC016144

Company & Directors' Information:- P D CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201MH2007PTC171650

Company & Directors' Information:- A M CONSTRUCTION P LTD. [Active] CIN = U99999WB1990PTC050255

Company & Directors' Information:- P B S CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201WB2004PTC099367

Company & Directors' Information:- J B M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209WB2008PTC124938

Company & Directors' Information:- S. Z. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74999WB2011PTC163934

Company & Directors' Information:- H D G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032183

Company & Directors' Information:- S R B CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2004PTC130817

Company & Directors' Information:- N T C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KL2001PTC014853

Company & Directors' Information:- S. P. CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U70100WB2019PTC233077

Company & Directors' Information:- S A M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200HR2020PTC088988

Company & Directors' Information:- G B CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U74210PB1995PTC016038

Company & Directors' Information:- A K CONSTRUCTION CO PVT LTD [Active] CIN = U45400WB1983PTC035682

Company & Directors' Information:- K. G. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400MN2010PTC008256

Company & Directors' Information:- G N B B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007418

Company & Directors' Information:- H. N. D. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200JH2011PTC015162

Company & Directors' Information:- M E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200DL2007PTC171643

Company & Directors' Information:- C S COMPANY CONSTRUCTION LIMITED [Active] CIN = U45201KL1997PLC011174

Company & Directors' Information:- C AGARWAL AND CO PVT LTD [Active] CIN = U51109MH1946PTC004955

Company & Directors' Information:- S K CONSTRUCTION PVT LTD [Active] CIN = U45201WB1994PTC065714

Company & Directors' Information:- D T M CONSTRUCTION PVT LTD [Active] CIN = U45201WB1978PTC031730

Company & Directors' Information:- D L CONSTRUCTION PVT LTD [Strike Off] CIN = U45400WB1982PTC035570

Company & Directors' Information:- S V G CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC055629

Company & Directors' Information:- M N P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022351

Company & Directors' Information:- A H A CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400UP2010PTC040773

Company & Directors' Information:- I C AGARWAL & CO PRIVATE LIMITED [Strike Off] CIN = U24129WB1997PTC083874

Company & Directors' Information:- S T S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U60109WB1996PTC081825

Company & Directors' Information:- J J CONSTRUCTION PVT. LTD [Strike Off] CIN = U45200WB1989PTC046714

Company & Directors' Information:- D P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1987PTC042320

Company & Directors' Information:- G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1994PTC063238

Company & Directors' Information:- P S S S K CONSTRUCTION CO PVT LTD [Strike Off] CIN = U45201WB2006PTC107993

Company & Directors' Information:- S E CONSTRUCTION PVT LTD [Strike Off] CIN = U45202WB1988PTC044630

Company & Directors' Information:- H K CONSTRUCTION PVT LTD [Active] CIN = U45201GJ1981PTC004160

Company & Directors' Information:- A V CONSTRUCTION CO PVT LTD [Active] CIN = U45202PB1982PTC004971

Company & Directors' Information:- G N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202OR2000PTC006244

Company & Directors' Information:- D P T CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202MH2001PTC131559

Company & Directors' Information:- J CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200TZ2012PTC018250

Company & Directors' Information:- N B S D CONSTRUCTION PVT. LTD. [Strike Off] CIN = U45201WB1993PTC058364

Company & Directors' Information:- S K E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202JH2012PTC000666

Company & Directors' Information:- A K G CONSTRUCTION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201DL2005PTC134347

Company & Directors' Information:- L J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142321

Company & Directors' Information:- R H P CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203MP2001PTC014739

Company & Directors' Information:- B AND R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201AS1990PTC003431

Company & Directors' Information:- J K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210OR1987PTC001858

Company & Directors' Information:- B T CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70101WB1997PTC085448

Company & Directors' Information:- P V CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70100DL1998PTC097116

Company & Directors' Information:- M T CONSTRUCTION PVT LTD [Strike Off] CIN = U26933OR1985PTC001496

Company & Directors' Information:- A K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248UR1982PTC005795

Company & Directors' Information:- P B CONSTRUCTION (INDIA) LIMITED [Strike Off] CIN = U01131TN1995PLC032650

Company & Directors' Information:- S K P CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201CT2008PTC020585

Company & Directors' Information:- A P G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC168160

Company & Directors' Information:- B. CONSTRUCTION PVT. LTD. [Strike Off] CIN = U00894BR1989PTC003616

Company & Directors' Information:- Y S K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC134417

Company & Directors' Information:- P K A S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC138117

Company & Directors' Information:- R G M CONSTRUCTION PRIVATE LIMITED [Under Process of Striking Off] CIN = U45200BR1992PTC004863

Company & Directors' Information:- A TO Z CONSTRUCTION CO PRIVATE LTD [Strike Off] CIN = U70101DL1987PTC029674

Company & Directors' Information:- O S CONSTRUCTION PVT LTD [Strike Off] CIN = U00351JH1990PTC003764

Company & Directors' Information:- P N CONSTRUCTION PRIVATE LIMITED [Converted to LLP] CIN = U45201DL2003PTC122894

Company & Directors' Information:- A + E CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1990PTC042290

Company & Directors' Information:- S N CONSTRUCTION PVT LTD [Strike Off] CIN = U45203OR1983PTC001211

Company & Directors' Information:- S N AGARWAL PVT LTD [Strike Off] CIN = U45201UP1984PTC006441

Company & Directors' Information:- P N R CONSTRUCTION PVT LTD [Strike Off] CIN = U99999MH2006PTC158802

Company & Directors' Information:- J. K. D. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PB2009PTC033102

Company & Directors' Information:- AGARWAL CORPORATION PRIVATE LIMITED [Under Process of Striking Off] CIN = U70101RJ2014PTC045473

Company & Directors' Information:- B H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH2009PTC193976

Company & Directors' Information:- K L G CONSTRUCTION INDIA PRIVATE LIMITED [Strike Off] CIN = U45201MH2015PTC264933

Company & Directors' Information:- U N CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400PN2014PTC150730

Company & Directors' Information:- G T K CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1996PTC096261

Company & Directors' Information:- J B CONSTRUCTION PVT LTD [Strike Off] CIN = U45200MH2004PTC025668

Company & Directors' Information:- U S CONSTRUCTION AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC149583

Company & Directors' Information:- M V CONSTRUCTION COMPANY PVT LTD [Strike Off] CIN = U45400WB1967PTC011413

Company & Directors' Information:- A P L CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45209HP2010PTC031395

Company & Directors' Information:- I. A. A. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45204DL2011PTC220447

Company & Directors' Information:- R M D CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC185164

Company & Directors' Information:- A R M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2008PTC185770

Company & Directors' Information:- G-5 CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC265907

Company & Directors' Information:- U P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2014PTC271791

Company & Directors' Information:- V 2 S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2014PTC273750

Company & Directors' Information:- A T N CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400DL2015PTC288656

Company & Directors' Information:- I G CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45201DL1996PTC077365

Company & Directors' Information:- P P S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC138608

Company & Directors' Information:- S S N V CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142918

Company & Directors' Information:- K. C. CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2012PTC231726

Company & Directors' Information:- S A Z CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U70102DL2014PTC267130

Company & Directors' Information:- A & Z CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70101DL2012PTC231712

Company & Directors' Information:- J M M CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45200BR2014PTC021845

Company & Directors' Information:- U. A. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201HR2020PTC086153

Company & Directors' Information:- C P CONSTRUCTION PVT LTD [Strike Off] CIN = U70101WB1988PTC043759

Company & Directors' Information:- R. AGARWAL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC025169

Company & Directors' Information:- K P CONSTRUCTION (INDIA) PVT LTD [Strike Off] CIN = U74210WB1985PTC039394

Company & Directors' Information:- T K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210WB1985PTC039731

Company & Directors' Information:- A P S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR1986PTC002374

Company & Directors' Information:- A B G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1986PTC040667

Company & Directors' Information:- CHITRA AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U65993DL1985PTC022020

Company & Directors' Information:- A R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201CH1988PTC008459

Company & Directors' Information:- A S G CONSTRUCTION CO. PRIVATE LIMITED [Strike Off] CIN = U70200DL1996PTC075278

Company & Directors' Information:- N K AGARWAL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U51900MH1973PTC016609

Company & Directors' Information:- W & C CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PN2006PTC129169

Company & Directors' Information:- T & A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC164939

Company & Directors' Information:- S R S S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC176504

Company & Directors' Information:- B C R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U99999MH1979PTC021005

Company & Directors' Information:- THE CHITRA LIMITED [Dissolved] CIN = U99999MH1936PTC002450

Company & Directors' Information:- THE CONSTRUCTION CO OF INDIA LTD. [Dissolved] CIN = U99999MH1943PLC007425

Company & Directors' Information:- S B CONSTRUCTION CO LTD [Strike Off] CIN = U45208WB1947PLC014904

    C.R.P.(PD) No. 1912 of 2015 & M.P. No. 1 of 2015

    Decided On, 04 January 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE G.K. ILANTHIRAIYAN

    For the Petitioners: R. Subramanian, Advocate. For the Respondent: No appearance.



Judgment Text

(Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the Order and Decretal Order, dated 13.8.2014 in I.A. No.2145 of 2013 in O.S. No.68 of 2013 on the file of the Additional District Munsif Court, Alandur.)1. This Revision Petition has been filed challenging the Fair and Decreetal Order, dated 13.8.2014 made in I.A. No.2145 of 2013 in O.S. No.68 of 2013 on the file of the Additional District Munsif Court, Alandur, thereby dismissing the Petition filed by the Petitioners/Defendants to reject the Plaint.2. The Respondent is the Plaintiff in the above Suit. He filed the Suit for declaration and Injunction in respect of the Suit properties. The case of the Respondent/Plaintiff is that the First Petitioner/Defendant is a money lender and he is known to the Respondent/Plaintiff for the past ten years. He used to lend money to the Companies for financial requirements. While lending loan, the First Petitioner/Defendant used to get registered power of attorney, deposit of Title Deed and also Agreement for Sale in respect of the properties.3. Accordingly, while borrowing loan, the Respondent/Plaintiff executed power of attorney in favour of the Second Petitioner/Defendant in respect of plot Nos.96 & 97 viz., the Suit Schedule properties as directed by the First Petitioner/Defendant. Thereafter, the Respondent/Plaintiff sold out plot No.96, in favour of one K. Joseph George by a registered Sale Deed, dated 30.7.2009 vide Document No.2808 of 2009 and Plot No.97 was sold out to one D. Raja Singh Prabahar & A. Packia Rani by a registered Sale Deed, dated 8.1.2010 vide Document No.68 of 2010. On the said Sale consideration, the Respondent/Plaintiff settled the entire amount which was borrowed by him to the First Petitioner/Defendant with interest. In fact, by virtue of Construction Agreements, dated 25.5.2009 & 5.11.2009, the Respondent/Plaintiff completed the construction and handed over possession to the said persons and they are in possession and enjoyment of the Suit Schedule properties.4. After settling the entire amount, the First Petitioner/Defendant in order to grab the entire properties, executed a Sale Deed, dated 26.7.2010 vide Document No.3907 of 2010 in his favour, through the power of attorney viz., the Second Petitioner/Defendant. Therefore, the Respondent/Plaintiff being the principal of the power of attorney executed in favour of the Second Petitioner/Defendant, filed a Suit for declaration to declare the Sale Deed executed in favour of the First Petitioner/Defendant through the Second Petitioner/Defendant is null and void along with the Injunction prayer.5. The learned Counsel appearing for the Petitioners/Defendants would submit that even according to the Respondent/Plaintiff, he sold out the Suit Schedule properties by the registered Sale Deeds, dated 30.7.2009 & 8.1.2010. Therefore, the Respondent has no title or right over the Suit Schedule properties, as such there is absolutely no cause of action to the Respondent/Plaintiff to file the present Suit against the Petitioners/ Defendants herein. He would further submit that the Suit is valued under Section 25(d) of the Tamil Nadu Court Fees and Suit Valuation Act instead of valuing the Suit properties under Section 40 of the Court Fees Act, since the properties are valued at Rs.12,80,000 as per the Sale Deed, dated 26.7.2010 vide Document No.3907 of 2010. Therefore, the Petitioners/Defendants filed an Application in I.A. No.2145 of 2013 to reject the Plaint. The Trial Court without considering the above facts dismissed the said application. Aggrieved by the same, the present Civil Revision Petition.6. Though notice was served on the Respondent/Plaintiff herein and his name was printed in the cause list, none appeared on behalf of the Respondent by person or through pleader.7. Admittedly, the Respondent was the absolute Owner of the properties comprised in Plot Nos.96 & 97 viz., Suit Schedule properties. According to the Respondent/Plaintiff while availing Loan, he executed power of attorney in respect of the Suit Schedule properties in favour of the Second Petitioner/Defendant as directed by the first Petitioner/Defendant. Even after settling the entire Loan after selling the properties by the registered Sale Deeds, dated 30.7.2009 & 8.1.2020, the Second Petitioner/Defendant executed Sale Deed in favour of the First Petitioner/Defendant. Though the Suit schedule properties were sold out in favour of one K. Joseph George, D. Raja Singh Prabahar & A. Packia Rani, if there is any encumbrance in the properties, the Respondent/Plaintiff has to clear the encumbrance according to the Sale Deed. Therefore, the Respondent/Plaintiff is constrained to file the present Suit to declare the Sale Deed executed in favour of the First Defendant by the Second Defendant as null and void. Therefore, the trial Judge rightly rejected the contention that there is no cause of action arose for the Respondent/Plaintiff to file the Suit.8. In respect of the another contention that the Suit should have been valued under Section 40 of Tamil Nadu Court-fees and Suit Valuation Act instead of Section 25(d) of the said Act is concerned, the learned Counsel appearing for the Petitioners/Defendants relied upon the Judgment in the case of Sri Krishnaswamy Education Trust v. Jabely Edward and others, 2014 (6) CTC 67, in which this Court held as follows:“14. Per contra, the learned Counsel for the Revision Petitioners relied on two decisions in support of their contentions:1. Rajam Ammal v. V.N. Swaminathan and others, AIR 1974 Mad 152, in which , Para 4 reads as follows:”4. ..... In view of this, the question for consideration will be whether the Full Bench Judgment inferred to above construing Section 7(iv-A) of the Court Fees Act, 1870, as amended by the Madras Court Fees (Amendment) Act, 1922, can be overlooked or ignored for construing Section 40 of the Madras Court fees and Suits Valuation Act, 1955. In the Full Bench Decision also the Suit was for a Decree setting aside a conveyance which the Plaintiff had executed and for possession of the land covered by the Deed, pleading that he had been induced to sign the instrument as a result of undue influence and fraud. The question was whether that has to be valued under Section 7(iv-A) for the purpose of the Court-fee and Court-fee should be paid on the market value of the properties involved as on the date of the Plaint. The argument that was advanced on behalf of the Plaintiff in that case was that since a prayer for possession of the properties had been made the Suit had to be valued under Section 7(v) and not under Section 7(iv-A).The Full Bench negatived the contention and agreed with the view of Venkatasubba Rao, J., in Bali Reddi v. Khatipulal Sab, ILR 59 Mad 240: AIR 1935 Mad 863 and held that the Court-fee has to be paid on the market value of the properties as on the date of the Plaint. The Full Bench held that-"The Court-fee is to be calculated on the amount or the value of the properties and to give the wording of Para (iv-A) its plain meaning the valuation must be the valuation based on the market value of the properties at the date of the Plaint."2. Another reported in Chellakannu v. Kolanji, 2005 (5) CTC 190, in which, Para 15 reads as follows:"15. The allegation on the Plaint in substance amounts to cancellation of the document. Though the prayer is couched in the form of seeking declaration that the document is not valid and not binding, the relief in substance indirectly amounts to seeking for cancellation of the Sale Deed. Learned District Munsif was right in ordering payment of Court-fee under Section 40 of the Act. This Revision Petition has no merits and is bound to fail."15. In view of the above said observations in the above said decisions, in the instant case, from the entire pleadings and prayer sought for in the Plaint, Respondents 1 to 6 should have value and to be paid the Court-fee under Section 40 of the Act. As rightly pointed out by the learned Counsel for the Revision Petitioners, the Trial Court has not at all considered the pleadings in the Plaint and contention raised by the Revision Petitioners. Therefore the findings of the Trial Court are perverse and illegal as rightly pointed out by the learned Counsel for the Revision Petitioners.16. In the result, the Order passed by the Trial Court in I.A. No.1551 of 2002 in O.S. No.269 of 2002 on the file of the Principal District Munsif Court, Cuddalore is set aside and the Respondents 1 to 6 are directed to represent the Plaint and also directed to pay the court fee under Section 40 of the Act within one month from the date of order before the concerned Court which is having the jurisdiction to try the Suit. Failing which, directed to reject the Plaint immediately and the Civil Revision Petition is ordered accordingly. Consequently, connected Miscellaneous Petition is closed. No order as to costs."9. In the case on hand, even according to the Respondent/Plaintiff, the Second Petitioner/Defendant executed Sale Deed in favour of the First Petitioner/Defendant for the Sale consideration of Rs.12,80,000. Though the Second Petitioner is the power of attorney, the Respondent is the principal of the said power of attorney. Therefore, the properties originally stand in the name of the Respondent herein and the Respondent executed power of attorney in favour of the Second Petitioner. On the strength of the said power of attorney, the Second Petitioner executed Sale Deed in favour of the First Petitioner herein. Therefore, the Respondent is also a party to the Sale Deed which is under challenge in the Suit. Therefore, the Respondent ought to have valued the Suit according to the value of the Sale Deed.10. Unfortunately, the Court below erred in holding that the Respondent is not a party to the document which is under challenge in the Suit and as such the Respondent paid nominal fee and valued the Suit under Section 25(d) of the Tamil Nadu Court Fees and Suit Valuation Act. Therefore, the R

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espondent should have valued the Suit under Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act. The above case cited by the learned Counsel appearing for the Petitioners is squarely applicable to the case on hand and as such the finding of the Trial Court in respect of the valuation of Suit is perverse and illegal and the Trial Court has no pecuniary jurisdiction to try the Suit.11. In view of the above discussion, the Order, dated 13.8.2014 passed by the learned Additional District Munsif, Alandur in I.A. No.2145 of 2013 in O.S. No.68 of 2013 is hereby set aside. The Respondent/Plaintiff is directed to value the Suit under Section 40 of the Tamil Nadu Court Fees and Suit Valuation Act and re-present the Plaint before the jurisdictional Court, which is having pecuniary jurisdiction to try the Suit, within a period of 30 days from the date of receipt of copy of this Order, failing which the Trial Court is directed to reject the Plaint forthwith.12. Accordingly, this Civil Revision Petition is allowed. There shall be no order as to Costs. Consequently, connected Miscellaneous Petition is closed.
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