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2012 Supreme(Mad) 1328

G.RAJASURIA
A. S. M. Balasubramanian – Appellant
Versus
S. P. Swaminathan – Respondent


Advocates appeared:
For the Appellant:Mrs. Hema Sampath, Senior counsel for Venkateswaran, Advocate. For the Respondent:A.P.S. Kasturi Rangan for M/s. Sampath Kumar Associates, Advocates.

Judgment :-

1. This appeal is focussed at the instance of the defendant as against the judgment and decree dated 31.07.2006 passed by the learned II Additional Judge, City Civil Court, Chennai in O.S.No.5300 of 2005, which was filed by the plaintiff seeking specific performance of an agreement to sell.

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

3. A summation and summarisation of the relevant facts, which are absolutely necessary and germane for the disposal of this appeal would run thus:

a] The respondent/plaintiff herein filed the suit seeking the following reliefs:

- to direct the defendant to specifically perform the agreement of sale dated 26.10.1993 entered between the plaintiff and the defendant in respect of the suit property, by receiving the balance sale consideration from the plaintiff and direct the defendant to execute the sale deed in favour of the plaintiff or his nominee and to do all acts necessary to complete the sale and in case of his failure to execute the sale deed this court may execute the sale deed in favour of the plaintiff.

- for a permanent injunction agains



















































































































































































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