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2012 Supreme(Mad) 1342

G.RAJASURIA
K. Paramasivam – Appellant
Versus
G. Lakshminarayanan – Respondent


Advocates appeared:
For the Appellant:S.V. Jayaraman Senior counsel for V. Sanjeevi, Advocate.
For the Respondent:Thirugnanam, Advocate.

Judgment :-

1. This appeal is focussed by the plaintiff as against the judgment and decree dated 03.08.2011 passed by the learned District Judge, Karaikal in O.S.No.17 of 2009, which was filed 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 r'esume of facts, absolutely necessary and germane for the disposal of this appeal would run thus:

a] The plaintiff filed the suit for specific performance based on Ex.A1 the agreement to sell, emerged between the plaintiff and the defendant, whereby, the latter agreed to sell the property described in the schedule of the plaint, in favour of the former for a total sale consideration of Rs.2,97,255/- and an advance amount of Rs.1,50,000/- was paid by the plaintiff to the defendant. Subsequently, there were as many as 12 endorsements made by the defendant extending the period with effect from 16.06.1994 onwards and the last such endorsement was made on 06.04.2006 extending three more months' period for performance. Even thereafter, the defendant had not come forward to execute the sale deed; whereup
















































































































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