CHENNAI: Veteran comedian K Cowndamani (Goundamani) has won a legal battle for possession of his property in Kodambakkam after almost two decades as the Madras High Court on Thursday ruled in his favour.
The division bench of justices R Subramanian and R Sakthivel dismissed the appeal filed by Sri Abhirami Foundation, a construction firm, with which the actor had entered into a construction agreement for raising a commercial complex.`
The agreement was signed for construction at a cost of `3.58 crore after purchasing five grounds and 454 sq.ft land on Arcot Road in Kodambakkam during 1996-97 from Nalini Bai. However, the company without abiding by the period for completion had been seeking more payments. In 2004, it abandoned the construction, subsequently, the actor took possession. Later, the construction company forcibly entered the premises and took possession by deploying a few people there.
Cowndamani and his family members filed a civil suit in the high court in 2006 seeking permanent injunction against the construction company and their men and another suit for recovery of possession and damages.
In 2019, a single judge passed orders in favour of the actor. Challenging the order, the construction firm filed the appeal.
The division bench, in its verdict, said that since the firm had not completed the construction even after receiving payments from the actor, its possession of the property cannot be held to be legal and it has no right to continue in possession.
Upholding the single judge’s order, the bench also concluded that the firm is not entitled to retain the documents of the property because it is not the owner, and so, the order to return the documents cannot be said to be incorrect or illegal.
The bench also ordered that the firm is liable to pay compensation to the actor since it was in occupation of the prime property in Chennai city without any legal right.