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2010 Supreme(Mad) 2130

M.VENUGOPAL
Girish Kumar H. Jain – Appellant
Versus
Rani Mary – Respondent


Advocates Appeared:
For the Appellant:Prakash Goklaney, Advocate.
For the Respondent:L.Rajasekar, Advocate.

Judgment :-

1. The Appellant/Plaintiff has preferred this Appeal as against the Judgment dated 13.7.2001 passed by the learned II Additional Judge, City Civil Court, Chennai.

2. The Trial Court, while delivering Judgment in the Original Suit, had opined that the Appellant/Plaintiff is not entitled to claim the relief of specific performance or any other relief because of the fact that the Sale Agreement Ex.A.2 dated 10.7.1995 was held to be void and consequently, dismissed the Suit with costs.

3. The Trial Court has framed three issues for trial. On behalf of the Appellant/Plaintiff witnesses P.W.1 to P.W.4 were examined and Exs.A.1 to A.8 were marked. On the side of the Respondent/Defendant, D.W.1 was examined and Exs.B.1 to B.6 were marked.

4. Dissatisfied with the Judgment of the Trial Court in dismissing the suit, the Appellant/Plaintiff has preferred this Appeal before this Court.

5. The Contentions, Discussions and Findings on Point Nos.1 to 3: The Learned Counsel for the Appellant/Plaintiff urges before this Court that the Trial Court should have decreed the Suit as prayed for because of the oral and documentary evidence available on record and in fact, the execution of the docu














































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