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2008 Supreme(Mad) 723

SUDHANSU JYOTI MUKHOPADHAYA, M.VENUGOPAL
P. Retnaswamy – Appellant
Versus
A. Raja & Another – Respondent


Advocates Appeared:
For the Appellant :V. Selvaraj, Advocate.
For the Respondents:R1, G. Ethirajulu, D. Kulasekaran, R2, R. Krishnasamy, S.C., C. Ramesh, Advocate.

Judgment :-

M. Venugopal, J.

O.S.A.NO.90 of 2002 is preferred by the appellant/ plaintiff as against the Judgment and Decree passed by the learned Single Judge in dismissing the suit for specific performance in C.S.No.80 of 1997 dated 04.09.2001.

2. The appellant/plaintiff has filed the suit C.S.No.80 of 1997 praying for the relief of directing the respondents/ defendants to execute the sale deed in respect of the suit property in favour of appellant/plaintiff in terms of sale agreement dated 10.07.1996.

3. The first respondent/defendant has not appeared in person or through his counsel. The second respondent/second defendant contested the matter. After contest, the learned Single Judge has come to the conclusion in the suit that the appellant/plaintiff has not proved Ex.P.1-Agreement dated 10.07.1996 as a true, genuine and valid document etc. and resultantly, held that the appellant/plaintiff is not entitled to the relief of specific performance as per Ex.P.1-Agreement dated 10.07.1996 and also held that the second respondent/second defendant is a bona fide purchaser for value without notice and dismissed the suit without costs.

4. The learned counsel for the appellant/plaintif






























































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