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2014 Supreme(Mad) 255

K.KALYANASUNDARAM
Rafeeque Ahmed – Appellant
Versus
C. Lickmichand Jain – Respondent


Advocates:
Advocate Appeared
For the Petitioner:V. Sundareswaran, Advocate.
For the Respondents:R1, T.M. Hariharan, Advocate.

JUDGMENT

1. Inveighing the order dated 02.07.2010, passed by the Additional District cum Sessions Court, Fast Track Court, Tirupattur, in I.A.No.55 of 2008 in O.S.No.14 of 2006, this civil revision petition is filed.

2. The petitioner is the third defendant, in O.S.No.14 of 2006, on the file of the Additional District Court-Fact Track Court, Tirupattur. The first respondent herein, filed the suit for specific performance, on the basis of an agreement, dated 10.2.2002.

3. The brief facts of the case are as follows:

Indisputably, respondents 2 and 3 herein had entered into an agreement, with the first respondent, on 10.2.2002, agreeing to sell their land, to an extent of 11.59 acres, for a consideration of Rs.16,22,600/- and on the date of the agreement, an advance amount of Rs.1,22,600/- was paid to them. The first respondent filed the suit, on 30.3.2005, seeking specific performance of the agreement, to an extent of 4.17 acres of land. The suit was returned for rectifying some defects, including payment of deficit Court fee, on 1.4.2005. The first respondent, re-presented the suit papers, without paying the deficit Court fee, on 19.6.2006. The registry of the lower Court again return


















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