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2013 Supreme(Mad) 1280

G.RAJASURIA
G. Govindaraj – Appellant
Versus
R . Kothandarama Gokuldoss – Respondent


Advocates appeared:
For the Appellant:S.T.P. Kuilmozhi, Advocate.
For the Respondents:R1, N. Manokaran, Advocate.

Judgment :-

1. This Second appeal is focussed by the plaintiff animadverting upon the judgment and decree dated 18.9.2006 passed by the I Additional District Judge, Coimbatore in A.S.No.2 of 2005, reversing the judgment and decree dated 27.4.2004 passed by the III Additional Subordinate Judge, Coimbatore, in O.S.No.242 of 1992, which was one for specific performance of an agreement to sell.

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

3. Narratively but precisely, broadly but briefly, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus:

(a) The appellant herein, as plaintiff, filed the suit for specific performance mainly on the ground that there emerged an agreement to sell as per Ex.A1, dated 12.6.1991, between the deceased D1-R.Kothandarama Gokuldass-the owner of the land described in the schedule of the plaint and the plaintiff-G.Govindaraj.

(b) According to the plaintiff, since D1 committed default in honouring the agreement to sell, the suit was filed.

(c) D1-R.Kothandarama Gokuldass during his life time filed the written stat



















































































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