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2013 Supreme(Mad) 1945

M.AKBAR ALI
R. Saravanan – Appellant
Versus
S. Mallika – Respondent


Advocates:
Advocate Appeared
For the Appellants:S. Thirumavalavan, Advocate.
For the Respondents:R1 to R3, V.R. Shanmuganathan, Advocate.

JUDGMENT

G.M. Akbar ALI, J.

1. The appeal is preferred against the judgment and decree dated 20.6.2012 made in A.S.No.6 of 2011 on the file of Principal District Court, Krishnagiri.

2. The appellants are defendants in the suit in O.S.No.67 of 2005, which was filed by the respondents/plaintiffs 1 to 3, before the Sub Court, Krishnagiri for specific performance of the contract. The first respondent had claimed such specific performance on a sale agreement dated 10.5.2002, in which, a sum of Rs.4,00,000/-(Rupees four lakhs only) had been paid as advance amount.

3. The suit was resisted by the appellants/defendants in all aspects and the learned Principal Sub Judge, Krishnagiri, by decree and judgment dated 11.11.2010, dismissed the suit with regard to the relief of specific performance of the contract, but has directed the defendants to return the advance amount of Rs.4,00,000/- with 6% interest.

4. Aggrieved by such dercee and judgment, the respondents/plaintiffs preferred the appeal before the Principal Sessions Court, Krishnagiri in A.S.No.6 of 2011.

5. On notice, the appellants/defendants appeared. After hearing both sides, the learned Principal Sessions Judge, Krishnagiri/ th














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