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2011 Supreme(Mad) 2706

G.RAJASURIA
K. Mani – Appellant
Versus
M. D. Jayavel – Respondent


Advocates Appeared:
For the Appellant:Mr. V. Subramani, in both the SAs, Advocate.
For the Respondents:Mr. Y. Jyothish Chander, Advocate.

JUDGMENT :-

1. These second appeals are focussed by K.Mani-the plaintiff in O.S.No.104 of 2005 and defendant in O.S.No.91 of 2007, animadverting upon the judgement and decrees dated 31.8.2010 passed in A.S.Nos.1 and 13 of 2010 by the District Judge, No.II, Kancheepuram, confirming the dismissal decree dated 18.11.2008 passed by the Subordinate Judge, Kancheepuram, in O.S.No.104 of 2005 for specific performance filed by the appellant herein and also in confirming the decreeing of the suit O.S.No.91 of 2007 for eviction and for recovery of possession filed by the respondents herein.

2. The parties, for the sake of convenience are referred to hereunder according to their litigative status and ranking before the trial Court.

3. A summation and summarisation, avoiding discursive delineation, of the relevant facts absolutely necessary and germane for the disposal of these second appeals, would run thus:

(i) The appellant herein/Mani filed the suit O.S.No.104 of 2005 for specific performance of an agreement to sell, with the following prayer:

"a) to direct the defendants to execute and register the sale deed in respect of the suit property in favour of the plaintiff at his costs after receip


















































































































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