M/s.VGN Projects Estates Private Limited vs V.Kayalkodi

2026:MHC:3153
C.M.S.A.No.43 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23-07-2026
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
C.M.S.A.No.43 of 2026 AND
C.M.P.No.18895 of 2026
M/s.VGN Projects Estates Private Limited
(Formerly Known as VGN Property
Developers Pvt Ltd.,),
Rep. by its Authorized Signatory
A.Rangappan,
Having Registered office at,
Y-222, VGN Kimberly Towers,
2nd Avenue, Anna Nagar,
Chennai 600 040.
… Appellant
-vs-
1. V.Kayalkodi
2.
3. V.Guruswamy Naidu and Co.Private Ltd.,
Having Registered office at,
No.333 Poonamallee High Road,
Aminjikarai, Chennai 600 029.
… Respondents
Prayer: To set aside the order dated 11-03-2026 passed by the Honble
Tamil Nadu Real Estate Appellate Tribunal in Appeal No.15 of 2026 and
consequently set aside the order dated 03-06-2025 passed by the
Adjudicating Officer, TNRERA in CCP.No.62 of 2023.
For Appellant: Mr.B.Maghizhnan

For Respondents: Mr.V.P.Sengottuvel, Senior Counsel
For Mr.K.R.Nishanth for R1
*
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2026:MHC:3153
C.M.S.A.No.43 of 2026
J U D G M E N T
(Judgment of the Court was delivered by S.M.Subramaniam J.)
The present Civil Miscellaneous Second Appeal has been
instituted, challenging the order passed by Tamil Nadu Real Estate
Appellate Tribunal (TNREAT) dated 11.03.2026 in Appeal No.15 of
2026, confirming the order of Adjudicating Officer, Tamil Nadu Real
Estate Regulatory Authority (TNRERA), Chennai dated 03.06.2025
passed in C.C.P.No.62 of 2023.
2. Both TNREAT and TNRERA granted compensation of
Rs.10,00,000/- and a sum of Rs.50,000/- towards cost in favour of the
1st respondent. Concurrent judgments between Authority and Tribunal
are taken by way of appeal before this Court.
3. Under Section 58 of the Real Estate (Regulation and
Development) Act, 2016 (in short 'the Act, 2016'), appeal would lie
before High Court. Sub-Section (1) to Section 58 contemplates that "Any
person aggrieved by any decision or order of the Appellate Tribunal,
may, file an appeal to the High Court, within a period of sixty days from
the date of communication of the decision or order of the Appellate
Tribunal, to him, on any one or more of the grounds specified in Section
100 of the Code of Civil Procedure, 1908."
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2026:MHC:3153
C.M.S.A.No.43 of 2026
4. This Court has carefully gone through the question of law
raised by appellant in the present appeal. The question of law is
relatable to facts. Therefore, there is no substantial question of law
raised, which is mandatory under Sub-Section 1 to Section 58 of the Act,
2016.
5. Short facts are that appellant is a Promoter of an approved
layout. An agreement was entered into between appellant and 1st
respondent on 18.10.2019 regarding sale of residential Plot No.17 for a
st
total sale consideration of Rs.1,02,25,000/-. The 1 respondent had paid
the sale consideration even before completion of installments and during
st
midway, appellant sold Plot No.17 allotted to 1 respondent in favour of
a third party, thereby violated the terms and conditions of agreement.
6. Learned counsel for the 1st respondent would submit that
original land owner, who handed over his land for promotion to appellant
cancelled the General Power of Attorney, which resulted in cancellation
st
of agreement with the 1 respondent.
7. Contract between land owner and Promoter would not
affect the rights of purchaser / 1st respondent, who entered into a
st
contract with appellant / Promoter. The rights of 1 respondent are to be
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2026:MHC:3153
C.M.S.A.No.43 of 2026
determined with reference to the terms of contract entered into between
st
appellant and 1 respondent. That apart, both TNREAT and TNRERA
adjudicated the entire facts in the context of documents produced
between parties. There is no further scope to interfere with the factual
findings made by these two Forums, namely, TNREAT and TNRERA. In
the absence of any substantial question of law, the present appeal is not
maintainable under Section 58 of the Act, 2016.
8. Consequently, the present Civil Miscellaneous Second
Appeal stands dismissed. No costs. Connected Miscellaneous Petition is
closed.
(S.M.S.,J.) (N.S.,J.)
23-07-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
AR
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2026:MHC:3153
C.M.S.A.No.43 of 2026
S.M.SUBRAMANIAM,J.
AND
N.SENTHILKUMAR,J.
AR
C.M.S.A.No.43 of 2026
23-07-2026
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