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2011 Supreme(Mad) 86

R.MALA
M. Shanmugham – Appellant
Versus
S. Murugadass – Respondent


Advocates Appeared:
For the Petitioners:A.K. Kumaraswamy, Advocate.
For the Respondent:R1 - S.K. Rakhunathan, Advocate, R2 - Given up.

JUDGMENT :-

1. This appeal has been arising out of the judgment and decree dated 29.06.2006 passed in O.S.No. 359 of 2004 on the file of the Additional District Court (Fast Track Court No.4), Coimbatore at Tiruppur.

2. The averments made in the plaint are as follows:

(i) The plaintiff and the first defendant entered into a sale agreement on 24.04.1998. The first defendant agreed to sell the same to the plaintiff for Rs.6,00,000/-. He received an advance amount of Rs.5,00,000/- from the plaintiff. The plaintiff and the first defendant have signed the agreement and have also affixed their Left Thumb Impressions.

(ii) The balance amount of Rs.1,00,000/- has to be paid within the period of 2 = years and on such payment, the first defendant has to execute and register a sale deed for Rs.6,00,000/- in favour of the plaintiff/his nominee. The long period of 2 = years was fixed for performance only to enable the first defendant to find alternative accommodation and to facilitate delivery of possession to the plaintiff. (iii) The plaintiff was always ready and willing to perform his part of contract. Whenever the plaintiff approached the first defendant, he has given an evasive reply. But he
















































































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