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2008 Supreme(Mad) 2244

V.DHANAPALAN
A. Gunasekaran – Appellant
Versus
K. Damayanthi – Respondent


Advocates appeared:
For the Appellant:P. Valliappan, Advocate.
For the Respondent:Mrs. AL. Gandhimathi, Advocate.

Judgment

The unsuccessful plaintiff in the suit in O.S.No.249 of 1990 on the file of the Subordinate Judge, Erode has preferred this appeal challenging the judgment and decree dated 05.08.1994.

2. The case of the appellant/plaintiff, as put forth before the Court below, is, as under:

.(a) The suit property belongs to the respondent/defendant. She agreed to sell the same to the appellant at the rate of Rs.10/-per square feet, fixing the sale price tentatively at Rs.40,100/- and for the said sale consideration, an agreement of sale was written between the appellant and the respondent on 03.05.1987; on the same day, a sum of Rs.5,000/- was given to the respondent as advance. As per the sale agreement, the sale has to be completed before the end of Tamil month Aavani 1987. When the respondent demanded a sum of Rs.5,000/-in the month of August 1987, the appellant paid the same on 22.08.1987. According to the appellant, he has to pay Rs.30,100/-towards the balance sale consideration and he is having sufficient money with him and is always ready and willing to perform his part of the contract.

.(b) On 17.04.1989, the appellant issued a notice through his counsel to the respondent deman



































































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