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2011 Supreme(Mad) 4285

K.MOHAN RAM, G.M.AKBAR ALI
T. R. K. Saraswathy – Appellant
Versus
R. Kandasamy – Respondent


Appearing Advocates:
For the Appellant:S.V. Jayaraman, Senior Counsel, S. Thangavel, Advocate.
For the Respondents:R1 to R7 - M.S. Krishnan, Senior Counsel, for M/s. Sarvabhauman Associates, R8 - S. Parthasarathy, Senior Counsel for R. Bharadhkumar, Advocates.

JUDGMENT :-

1. The plaintiff in O.S.No.420 of 2006 on the file of the Additional District Judge, Fast Track Court No.I, Coimbatore is the appellant in the above appeal.

2. The appellant filed O.S.No.420 of 2006 seeking for a decree of specific performance of sale agreement, dated 20.1.2005 directing the respondents to execute the sale deed in favour of the appellant after receiving the balance sale consideration and to put the appellant in possession of the suit property and alternatively, a decree for the refund of advance amount of Rs.25,00,000/- together with interest at the rate of 18% p.a. The appellant also sought for a decree for permanent injunction restraining the respondents from in any manner alienating or encumbering the suit property.

3. The suit was dismissed by the trial Court by a judgment and decree, dated 17.12.2007. Being aggrieved by that the plaintiff has filed the above appeal.

4. The case of the plaintiff/appellant is as follows:-

a. The appellant and the respondents 1 to 7 entered into a sale agreement, dated 20.1.2005. Under the sale agreement, the respondents 1 to 7 agreed to convey the total extent of 44 cents together with buildings bearing door Nos.527 to

















































































































































































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