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2009 Supreme(Mad) 2778

K.K.SASIDHARAN
John C. Christian – Appellant
Versus
R. Adhikesavan – Respondent


Advocates Appeared:
For the Petitioners:R. Gowri, Advocate.
For the Respondents:P.J. George, Advocate.

Judgment :-

1. These three Revision Petitions are directed against the orders dated 05.09.2008 in I.A. Nos.315, 407 and 408/2008 in O.S.No.78/2005 on the file of the Addl. District Judge, Fast Track Court No.1, Chengalpattu.

Background facts:

2. The Suit in O.S. No.78/2005 was filed by the revision petitioner against the respondents praying for a Judgment and Decree of specific performance on the basis of the agreement dated 25.09.2003 executed by the respondents.

3. In the Plaint in O.S.No.78/2005, it was the contention of the revision petitioners that as per the agreement dated 25.09.2003, the respondents have agreed to sell the suit property by way of separate sale agreements executed on 25.09.2003. The petitioners were always ready and willing to perform their part of the contract. However, the respondents failed to receive the balance sale consideration and to get the sale deed executed in the name of the revision petitioners and as such, they were constrained to file the Suit for specific performance.


4. The first respondent has filed written statement wherein it was admitted that agreement was executed on 25.09.2003 between the petitioners and the respondents 1 to 3. The first














































































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