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2012 Supreme(Mad) 4887

P.R.SHIVAKUMAR
Nanjappa gounder – Appellant
Versus
Ashok Kumar – Respondent


Advocates Appeared:
For Appellants : Mr. N. Manokaran
For Respondent: Mr. A.K. Kumarasamy

JUDGEMENT

The defendants in the original suit are the appellants in the Second Appeal. The suit O.S. No. 190 of 2004 was filed on the file of the learned District Munsif, Sathyamangalam for the relief of specific performance of an agreement for sale dated 17.04.2002. The suit was decreed by the trial court. On appeal the decree of the trial court was confirmed. Hence, the appellants/ defendants are before this Court with the present Second Appeal.

2. The respondent herein filed the suit praying for the relief of specific performance directing execution of sale deed and for delivery of possession of suit property, based on the following averments made in the plaint:-

The appellants/ defendants who are the owners of the suit property, came forward to sell the same for a sum of Rs.60,000/-, received a sum of Rs.5000/- as advance and executed an agreement for sale on 17.04.2002, agreeing to execute a sale deed on payment of the balance sale consideration of Rs.55,000/- within six months from the date of agreement. They also held out that there was no encumbrance on the property. Subsequently, the appellants/ defendants requested a further advance of Rs.15,000/- and the said amount was pa




























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