Suit for Specific Performance of Memorandum of Understanding - Suit is only for enforcement of Agreement simpliciter without seeking any other relief - Suit is not 'Suit for land.

2019 (3) CTC 228

IN THE HIGH COURT OF MADRAS

N. Kirubakaran & Abdul Quddhose, II.

0.5.A. No.260 of 2018 & C.M.P. No. 12253 of 2018.

March 05, 2019

K. Paranthaman, Proprietor, American Organic Food Products Inc., 6/121, Agraharam, Mutharasanallur, Tiruchi-620 102, Now Residing in California 3593, Granada Avenue, #418, Santa Clara, California, Usa 95051, Rep. by His Power of Attorney Agent, Raja, No.2/23, Jothi Nagar East Extension, Nachikurichi, Vayalur Road, Tiruchi ... Vs.

...Appellant

C. Padmanabhan; Ohm Water Beverages Company, Rep. by Its Partner, C. Padmanabhan, 6/121, Agraharam, Mutharasanallur, Tiruchi-620 101: Vijayam Padmanabhan; Sudha Srikrishna; Dena Bank, Rep. by Its Chief Manager, Raj Towers, No.6, V.N. Nagar, Karur Bye-pass Road, Near Kalaignar Arivalayam, Tiruchi-620 002...

Respondent

Letters Patent, Clause 12 Suit for Specific Performance of Memorandum of Understanding [MoU] Whether Suit for land-Principles of Law to decide whether Suit is 'Suit for land reviewed-Held, whether Suit is 'Suit for land' is determined by Plaint averments, reliefs sought and documents filed along with it Suit is 'Suit for land in any of following situations: (1) Reliefs claimed directly affect title or possession of land; (ii) Suit involves question of title to land indirectly; (iii) Recovery of possession or control of land claimed: (iv) Atry right or interest over immovable property to be determined; (v) Bare Injunction restraining interference with possession and enjoyment sought; or (vi) Bare Injunction to restrain from alienating, encumbering or creating charge on property sought Suit for Specific Performance is also 'Suit for land, if: (1) Specific Performance of Sale Agreement sought with relief of delivery of possession specifically daimed; or (ii) Suit is only for enforcement of Agreement simpliciter without seeking any other relief, but rellet of possession is inherent in relief of Specific Performance; or (iii) Along with enforcement of Agreement, injunction sought restraining interference with possession and enjoyment, creating any charge or encumbrance, or alienating Suit property Exception: Suit is not 'Suit for land, if seeking enforcement of Agreement simpliciter and Plaintiff specifically daims to be in

possession of Suit property and same not denied by Defendant Ratio laid down in Harsha Estates v. Dr. P. Kalyana Chakravarthy, 2018 (4) CTC 721 (DB), followed.

Fast Respondente 1 to 4 mamed into an Agreement with Appellant to transfer the entire business of Ma American Organic Food Products Inc in faveur of the Beme