N.Satish Kumar vs. P.Zainudheen

IN THE HIGH COURT OF JUDICATURE AT MADRAS (ORDINARY ORIGINAL CIVIL JURISDICTION) TUESDAY, THE 29TH DAY OF MARCH 2022

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

C.S.No.63 of 2016

1. N.SATISH KUMAR S/o. Mr.G.Sriramulu, New No.13, (Old No.7), Krishnappa Maistry Street, Edapalayam, Chennai-600 003

2. N.S.PADMA RANI W/o.N.Sathish Kumar, New No.13, (Old No.7), Krishnappa Maistry Street, Edapalayam, Chennai-600 003 ..Plaintiffs

-Vs-

1. P.ZAINUDHEEN S/o.Moidoo, Aged 57 years, No.18/15, Manikeswari Road, Chennao-600 010

2. "SOVEREIGN TRAVEL GOODS" Represented by P.Zainudheen, S/o.Moidoo Old No.180, New No.108, Netaji Subash Chandra Bose Road, Opposite Flower Bazaar Police Station, Chennai-600 001

3. SOVEREIGN TRAVEL GOODS INDUSTRIES Represented by its Partner P.Zainudheen, https://hcservices.ecourts.gov.in/hcservices/

S/o.Moidoo Old No.180, New No.108, Netaji Subash Chandra Bose Road, Opposite Flower Bazaar Police Station, Chennai-600 001 ..Defendants

This civil suit coming on this day before this Court for hearing the court made the following order:

Today, the following issues are framed as follows:

"1. Whether the suit can proceed against the third defendant, when the same has been dismissed against the first defendant?

2. Is not Mr.N.V. Vathsavaradhan, a proper and necessary party to the present suit?

3.Whether the plaintiffs are the bonafied purchasers of the suit schedule property?

4. Whether landlord and tenant relationship between Mr.N.V.Vathsavardadhan and the third defendant had ceased with effect from 28.08.1995?

5. Whether the plaintiff is entitled to relief of specific performance?

6. Whether the plaintiffs are entitled to declaration, recovery of possession and Mesne profit of the suit schedule https://hcservices.ecourts.gov.in/hcservices/

property?

7. Whether the Sale Deed dated 22.08.2014 and 01.09.2014, executed by Mr.N.V.Vathsavarthan through his Power of Attorney Mr.A. Muthuvelu in favour of the plaintiffs are valid and binding?

8. Whether the plaintiffs are entitled to damages as prayed for the use and occupation of the suit property by the defendants?

9. Whether the suit schedule property is in a dilapidated condition as sated by the plaintiffs?

10. What are the other reliefs the plaintiffs are entitled to?

Sd/-V.B.S.J. 29.03.2022

//Certified to be a true copy//

Dated at Madras this the day of 2022. SU./05.04.2022 COURT OFFICER(O.S.)

From 25.09.2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. https://hcservices.ecourts.gov.in/hcservices/