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2013 Supreme(Mad) 862

G.RAJASURIA
Vinayagamoorthy – Appellant
Versus
Devaki – Respondent


JUDGMENT

G. RAJASURIA, J.

1. This second appeal is focused by the original plaintiff, animadverting upon the judgment and decree dated 25-8-2009 passed in A.S. No. 17 of 2009 by the Principal Subordinate Judge, Villupuram, reversing the judgment and decree of the learned Principal District Munsif, Ulundurpet in O.S. No. 188 of 2006. The parties are referred to hereunder according to their limitative status and ranking before the trial Court.

2. A summation and summarisation of germane facts absolutely necessary for the disposal of this Second Appeal would run thus:-

(a) The plaintiff - Devaki, respondent herein filed the suit for specific performance of agreement to sell in respect of an immovable property.

(b) The defendants resisted the suit.

(c) Whereupon the trial Court framed the relevant issues.

(d) Up went the trial, during which the plaintiff/Devaki examined herself as P. W. 1 and Exs. A1 and A2 were marked; and D1/Vinayagamoorthy, D2/Manonmani examined themselves as D. W. 1 and D. W. 2 along with D. W. 3/Ayyappan and Exs. B1 to B3 were marked.

(e) Ultimately the trial Court decreed the suit granting specific performance in respect of Plot No. 75, which is not the suit property,







































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