Janardhan v Khan - Order [2005] FJHC 413; HBC0358.2004L (7 November 2005)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CIVIL JURISDICTION

CIVIL ACTION NO. HBC0358 OF 2004

Between:

JANARDHAN
s/o Shiu Narain
Plaintiff

- and -

MOHAMMED NASIR KHAN
s/o Mohammed Yakub Khan

CHEN BUNN YOUNG,
Solicitor

THE DIRECTOR OF LANDS AND
SURVEYOR GENERAL

THE REGISTRAR OF TITLES

KHAN BUSES LIMITED

THE DIRECTOR OF TOWN AND
COUNTRY PLANNING DEPARTMENT

THE ATTORNEY GENERAL OF FIJI
Defendants

Counsel: Mr. S. Maharaj for the Plaintiff
Miss N. Khan for the First and Fifth Defendants
Mr. B.C. Patel for the Second Defendant
Mr. A. Farouk for the Third, Fourth, Sixth and Seventh Defendants

ORDER

1. (a) The Sale and Purchase Agreement entered into by the plaintiff and the 1^st defendant on 11th of September 1995 was validly rescinded by the letter of Maharaj and Company dated 13th September 2004.
   

(b) The first and fifth defendants are ordered to remove from the land all their property not affixed thereto by 3.00 p.m. on 31st January 2006. (Any objects, buildings, construction, hardstanding which are affixed to the land at the date of judgment are ordered to remain with the land.)

There must be no damage of fixtures or the land and all parts must be left in a clean and tidy state.

(c) The sum of $94,300.00 paid by the first defendant to the plaintiff in respect of the Sale and Purchase Agreement constitutes liquedated damages and may be retained by the plaintiff.

(d) The $5,000.00 deposit paid into the trust account of Young and Associates constitutes liquidated damages and is to be paid out to the plaintiff by 3.00 p.m. on 21st November 2005.

(e) The counterclaim of the first and fifth defendants is dismissed.

(f) The first defendant and fifth defendant are to pay the plaintiff’s costs on a party and party basis as agreed or taxed.

2. (a) The plaintiff’s action against the second defendants is dismissed.
   
   • (b) There is no order as to costs.
     
3. (a) The plaintiff’s claim against the third, fourth, sixth and seventh defendants is dismissed save that these defendants return all documents concerning and made in pursuance of and in effecting the Sale and Purchase agreement of 11th September 1995 to the plaintiff.
   
   • (b) The plaintiff is to pay the costs of the third, fourth, sixth and seventh from 11th February 2005 upon a solicitor and own client basis for an agreed figure or as taxed.
     

Dated this 7th day of November, 2005.

(R.J. Coventry)
JUDGE