G.RAJASURIA
A. S. M. Balasubramanian – Appellant
Versus
S. P. Swaminathan – Respondent
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
8. (1996) 8 SCC 365 [D.S.Thimmappa vs. Siddaramakka]
11. 2005 (1) CTC 753 [Arulraj and others vs. Jabesthial]
17. (2005) 5 SCC 142 [Surinder Singh vs. Kapoor Singh (dead) through L.Rs. And others]
20. 2010(10) SCC 512 [Man Kaur (Dead) By L.Rs. v. Hartar Singh Sangha]
24. 2007 (1) CTC 57 [A.Ganapathy v. S.Venkatesan]
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33. Sandhyarani v. Sudha Rani, AIR 1978 S.C. 537
36. 2006(4) MLJ 1348 [V.Kanniammal and others v. Anjalakshmiammal (Died) and others]
2. 2009 1 CTC 803 (Madras High Court) [ K.R.Venugopal vs. K.R.Srinivasan and 4 others]
3. AIR 2004 SC 3858 [H.P.A.International vs. Bhagwandas Fatech Chand Daswani and others]
5. (1990) 3 SCC 517[ Kartar Singh vs. Harjinder Singh and others]
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26. 2003 (1) CTC 355 [Arunachala Mudaliar v. Jayalakshmi Ammal and another]
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