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2009 Supreme(Mad) 940

G.RAJASURIA
T. G. Pongiannan – Appellant
Versus
K. M. Natarajan & Another – Respondent


Advocates Appeared:
For the Petitioner:N. Manokaran, Advocate.
For the Respondents:T. Murugamanickam, Advocate.

Judgment :-

1. This second appeal is focussed by the plaintiff, animadverting upon the judgement and decree dated 30.6.2008 passed in A.S.No.30 of 2008 by the Additional District Court/Fast Track Court No.IV, Bhavani, reversing the judgement and decree dated 30.11.2007 passed by the Sub Court, Bhavani, in O.S.No.246 of 2000, which was filed for specific performance of the agreement to sell. For the sake of convenience, the parties are referred to here under according to their litigative status before the trial Court.

2. A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this second appeal, would run thus:

The appellant/plaintiff filed the suit O.S.No.246 of 2000 of before the Subordinate Judge, Bhavani, seeking specific performance of the agreement to sell, which was decreed. However, the first appellate Court reversed the judgement and decree of the trial Court for specific performance, by allowing the first appeal A.S.No.30 of 2008, but by ordering refund of the amount paid by the plaintiff to the defendants with interest.

3. Being disconcerted and aggrieved by the said judgement and decree of the first appellate C




























































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