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2011 Supreme(Mad) 458

R.MALA
A. N. Arunachalam – Appellant
Versus
T. Sivaprakasam – Respondent


Advocates appeared:
For the Appellant:N. Manokaran, Advocate.
For the Respondents:K. Ravichandra Baabu, Advocate.

Judgment :-

1. The First Appeal has been filed against the judgment and decree dated 19.12.2006 in O.S.No.16 of 2003, on the file of the Additional District Court/Fast Track Court No.IV, Bhavani, Erode District.

2. The averments in the plaint are as follows: (a) The plaintiff is the tenant under the defendants in the suit properties for the past six years. The rent paid finally per month is Rs.1,100/-. The defendants are the owners of the suit properties. The defendants, due to their monetary crisis, entered into a sale agreement on 1.9.1997 with one R.Rangasamy Mudaliar, and the sale price was fixed at Rs.2 lakhs, and the defendants received Rs.1,50,000/- as advance from the said R.Rangasamy Mudaliar. (b) The said Rangasamy Mudaliar died, due to which, his son Madheswaran could not execute the sale agreement. The said Madheswaran demanded the advance amount of Rs.1,50,000/- from the defendants, and hence, the defendants approached the plaintiff-tenant for purchase of the properties. Therefore, the plaintiff and the defendants entered into sale agreement on 16.7.2001 and the sale price fixed was Rs.4,25,000/- and advance of Rs.1,50,000/- was paid and this amount of Rs.1,50,000/- was



































































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