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2022 Supreme(SC) 908

INDIRA BANERJEE, V. RAMASUBRAMANIAN
Raman (Dead) by Lrs. – Appellant
Versus
R. Natarajan – Respondent


Advocates appeared:
For the Petitioner(s): Mr. G. Sivabalamurugan, AOR Mr. Selvaraj Mahendran, Adv. Mr. C. Adhikesavan, Adv.
For the Respondent(s): Mr. S. Nandakumar, Adv. Ms. Deepika Nandakumar, Adv. Mr. Anand Murthi Rao, Adv. Mr. Naresh Kumar, AOR

JUDGMENT :

Leave granted.

2. The suit for specific performance of an Agreement of Sale of an immovable property, filed by the respondent herein, was decreed by the Trial Court but the said decree was reversed by the First Appellate Court. However, the High Court reversed the Judgment and decree of the First Appellate Court and restored the decree for specific performance granted by the Trial Court. Aggrieved by the same, the legal representatives of the original defendant are on appeal.

3. We have heard Mr. G. Sivabalamurugan, learned counsel for the appellants and Mr. S. Nandakumar, learned counsel for the respondent.

4. The respondent herein filed a suit in O.S. No.360 of 2008 on the file of the First Additional District Munsif, Salem, for specific performance of an Agreement of Sale dated 19.06.1993, contending inter alia :

    that the appellants agreed to sell the suit property which is a land of the extent of about 76 cents for a total sale consideration of Rs.1,44,000;

    that an advance of Rs.25,000 was paid at the time of execution of the Agreement;

    that the defendant received further amounts of Rs.50,000/- on 19.11.1995, Rs.43,000/- on 11.05.1998, Rs.10,000/- on 27.01.2001 and Rs.16,


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