Quick Summary: A.V. Subramaniam and V. Mahesh wanted a court to make Kuppayammal and others sell them a property as they had agreed in a contract. The court decided they should get their advance payment back with interest instead.
A.V. Subramaniam and V. Mahesh made a deal with Ramasamy Mudaliar to buy a property for ₹11,70,000. They paid ₹2,00,000 upfront on July 10, 2005. More payments followed, but things got complicated when Ramasamy died in an accident.
Subramaniam and Mahesh said they paid an additional ₹7,00,000 and took control of the property. However, the other side denied these payments and said the plaintiffs never took control.
The plaintiffs wanted the court to make the sale happen, but the defendants argued the contract was canceled. They also claimed the plaintiffs returned the original agreement and got their advance back.
The trial court originally dismissed the plaintiffs' request to enforce the sale, saying they didn't prove they were ready to complete the purchase. The court found the agreement was canceled, and the plaintiffs had trespassed.
Justice R. Sakthivel found that the plaintiffs did make additional payments and the cancellation was not valid. However, the court decided the plaintiffs should receive ₹9,90,000 with 18% interest instead of the property.
The court ordered the defendants to pay Subramaniam and Mahesh ₹9,90,000 with interest. The plaintiffs must return any possession of the property to the defendants.
This case shows how deals can get complicated, especially when unexpected events like a death happen. The court aimed to be fair by returning the plaintiffs' money with interest.
