BEFORE THE ADDITIONAL MASTER I, HIGH COURT, MADRAS

C.S.697 of 2016

Date : 12.04.2023 Time : 12.41 P.M.

Name	: Dr.P.Balakrishnan<br>(PW 1)
Age	: 52<br>Years
Father's<br>Name	: Mr.Parvathy Muthu
Office<br>Address	: Government<br>General<br>Hospital<br>Campus, 3<br>Chennai<br>–<br>600 003.

PW1 examined in chief by Mr.C.Kanagaraj, Learned Counsel for the Plaintiff.

Solemnly affirmed:

I am the Plaintiff herein. I am filing my proof affidavit stating the facts of this case and the same may be treated as part and parcel of my examination-in-chief.

Time: 12.42 P.M.

Taken down in open Court, read over and explained to the witness and the same is admitted by the witness to be correct and signed before me.

BEFORE THE ADDITIONAL MASTER I, HIGH COURT, MADRAS

C.S.697 of 2016

Date : 11.07.2023 Time : 01.18 P.M.

Name : Dr.P.Balakrishnan (PW 1) PW1 examined in chief by Mr.C.Kanagaraj, Learned Counsel for the Plaintiff.

Solemnly affirmed:

The following documents may be marked as exhibits.

Ex.P1 is the photocopy of the sale agreement dated 01.08.2014 (The learned counsel for the defendant states that it is an admitted document). Ex.P2 is the photocopy of the reply letter dated 01.09.2014 (The learned counsel for the defendant states that it is an admitted document).

Ex.P3 is the photocopy of the letter dated 16.09.2014 (The learned counsel for the defendant states that it is an admitted document).

Ex.P4 is the photocopy of the reply letter dated 15.10.2014 issued by the defendant to the plaintiff. (The learned counsel for the defendant states that it is an admitted document).

Ex.P5 is the photocopy of the release deed dated 05.02.2015(The learned counsel for the defendant states that it is an admitted document).

Ex.P6 is the photocopy of the letter dated 02.06.2015 (The learned counsel for the defendant states that it is an admitted document).

Ex.P7 is the photocopy of the cheque dated 02.06.2015 bearing no.825834 (The learned counsel for the defendant states that it is an admitted document).

Ex.P8 is the office copy of the legal notice dated 10.08.2015.

Ex.P9 is the original reply notice dated 20.08.2015.

Ex.P10 is the photocopy of the legal notice dated 10.11.2015(The learned counsel for the defendant states that it is an admitted document). Ex.P11 is the self attested true copy of the board resolution dated 06.08.2016 (The learned counsel for the defendant states that it is an admitted document).

Time: 01.32 P.M.

Taken down in open Court, read over and explained to the witness and the same is admitted by the witness to be correct and signed before me.

5

BEFORE THE ADDITIONAL MASTER I, HIGH COURT, MADRAS

C.S.697 of 2016

Date : 29.08.2023 Time : 12.11 P.M.

Name : Dr.P.Balakrishnan (PW 1) Cross Examination of PW1 by Mr.K.Balajee, Learned counsel for the

Defendant

Solemnly affirmed:

Q1: Do you know the terms and conditions of Ex.P1 sale agreement?

A: Yes.

Q2: In Ex.P1, the period of completion of sale transaction is 30 days. Is it correct?

A: Yes.

Q3: Ex.P1 is shown to the witness. In Ex.P1, clause 12 it is mentioned as 'if the purchaser fails to complete the transaction, the vendor is entitled to deduct 10% of the Advance amount paid by the purchaser'. Is it correct?

A: Yes.

Q4: Is it your signature in Ex.P1 which is as President on behalf of the Association?

A: Yes.

Q5: In para 5 of proof affidavit, you have stated that it was agreed to complete the sale transaction after the sanction of bank loan. Whether any clause was mentioned in the Ex.P1?

A: No.

Q6: In para 5 of proof affidavit, you have stated that by letter dated 30.08.2014, you sought for extension of time to complete the sale transaction. Have you marked the said letter before this court?

A: No.

Q7: A letter is shown to the witness. Is it the letter dated 30.08.2014?

A: Yes. The original letter dated 30.08.2014 is marked as Ex.D1.

Q8: In para 5 of proof affidavit, you have stated that by Ex.D1 seeking extension of time for the reason that certain papers to the title of the suit property given by the defendants was not sufficient and therefore our society requires the defendants to extend the period of sale transaction from 30.08.2014 to till 15.09.2014. Ex.D1 is shown to the witness. Have you mentioned any reason like that in Ex.D1?

A: Reason not mentioned but orally mentioned.

Q9: Is there any other reason stated in the Ex.D1?

A: No.

Q10: I put it to you that in para 5 of proof affidavit, you have made a false statement by letter dated 30.08.2014, you sought for extension of time stating that the plaintiff could not process the bank loan since certain papers to the title of the suit property given by the defendants was not sufficient.

A: No.

Q11: I put it to you that if the said reason mentioned in the plaint and proof affidavit is true, you would have mentioned the same in Ex.D1 and further I put it to you that the reason is an after thought and for the purpose of filing suit.

A: I deny it.

Q12: In para 6 of proof affidavit, you have stated that by letter dated 15.09.2014, you sought extension of time for sale agreement till 30.09.2014. Have you marked the said letter?

A: I have not marked.

Q13: A letter is shown to the witness. Is it the letter dated 15.09.2014?

A: Yes. A original letter dated 15.09.2014 is marked as Ex.D2.

Q14: Ex.D2 is shown to the witness. In Ex.D2, have you stated any reason for extension of time?

A: Yes, Bank loan processing delay.

Q15: In para 6 of your proof affidavit, you have stated that the defendants have not given the document requested by the plaintiff and therefore could not process the bank loan.

A: Yes.

Q16: You have not mentioned any such reason in Ex.D2?

A: Yes. Orally.

Q17: I put it to you that if the said reason is genuine, you would have mentioned the same in Ex.D2.

A: I orally informed.

Q18: In para 7 of your proof affidavit, you have stated that by request letter, you asked for extension of time for a further period upto 15.10.2014. A letter dated 30.09.2014 is shown to the witness. Is this the letter?

A: Yes. The original letter dated 30.09.2014 is marked as Ex.D3.

Q19:A letter is shown to the witness. For Ex.D3, defendant had given a letter dated 01.10.2014, accepting for the said extension?

A: Yes. The copy of the letter dated 01.10.2014 is marked as Ex.D4.

Q20: In para 7 of your proof affidavit, you have stated that a request letter dated 15.10.2014 seeking extension of time till 23.01.2015. Have you marked the said letter?

A: No.

Q21: A letter is shown to the witness. Is this the letter?

A: Yes. A original letter dated 15.10.2014 is marked as Ex.D5.

Time: 12.51 P.M

Taken down in open Court, read over and the same is admitted by the witness to be correct and signed before me.

BEFORE THE ADDITIONAL MASTER I, HIGH COURT, MADRAS

C.S.697 of 2016

Date : 13.12.2023 Time : 01.00 P.M.

Name : Dr.P.Balakrishnan (PW 1)

Cross Examination continuation of PW1 by Mr.K.Balajee, the learned

counsel for the Defendant.

Solemnly affirmed:

Q22: Ex.D5 is shown to the witness. Is it correct to say that you have written this letter for extension of time till 23.01.2015?

A: Yes. Witness Adds: It was written that the property was not sub divided.

Q23: Have you stated any such reason in Ex.D5 letter?

A: I have stated as the delay caused due to delay in Bank loan processing.

Q24: Is it correct to say that the delay in processing of loan only on the part of you?

A: No. Witness Adds: Delay caused only because of the suit property was not sub-divided.

Q25: Have you stated in Ex.D5 that the delay due to sub-division of property?

A: No. Witness Adds: I have mentioned it is a part of a bank loan processing.

Q26: Is it correct to say that you have entered in the agreement for purchase of 18 grounds of property out of 26.485 grounds?

A: Yes. Witness Adds: Though they agreed to sell 18 grounds, they have not subdivided.

Q27: Is it correct to say that there is no boundary for the 18 grounds

of the suit schedule property?

A: Boundaries are mentioned. Witness Adds: But not subdivided through as per the Registrar Office.

Q28: Have you produced any documents before this Court to show that the suit schedule property is not sub-divided? A: No. I have not produced.

Q29:A letter dated 15.10.2014 is shown to the witness. Is it the letter replied by defendant to your letter Ex.D5? A: Yes. Letter dated 15.10.2014 is marked as Ex.D6.

Q30: In your proof affidavit para 7, you have mentioned that 15.10.2014 is your letter which is marked as Ex.P4 is not correct, It is the original letter of the defendant which is marked as Ex.D6? A: Yes.

Time: 01.30 P.M

Taken down in open Court, read over and the same is admitted by the witness to be correct and signed before me.

11

BEFORE THE ADDITIONAL MASTER I, HIGH COURT, MADRAS

C.S.697 of 2016

Date : 05.01.2024 Time : 01.30 P.M.

Name : Dr.P.Balakrishnan (PW 1)

Cross Examination continuation of PW1 by Mr.K.Balajee, the learned

counsel for the Defendant.

Solemnly affirmed:

Q31: Exhibit marked as D1,D2,D3 and D5 are the letters written by you seeking extension of sale agreement period and based on your request Exhibits marked as Ex.P2, Ex.P3 and Ex.D4 and Ex.P4 (original marked as Ex.D6) are the reply letters by the defendants respectively extending time. Am I correct?

A: Yes.

Q32: The period of agreement was extended upto 23.01.2015 lastly

and after that have you written any letter for extension of time?

A: I have to check up.

Time: 01.35 P.M

Taken down in open Court, read over and the same is admitted by the witness to be correct and signed before me.