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2014 Supreme(Mad) 3200

A.SELVAM
K. Rajendran – Appellant
Versus
K. Chinnappa Gounder – Respondent


Advocates Appeared:
For the Appellant:S. Parthasarathy, Senior counsel for K. Govindarajan, Advocates.
For the Respondents:R1, M/s. N. Krishnaveni, R2, G.R. Swaminathan for R. Murali, Advocates.

Judgment :

1. This Appeal Suit has been directed against the Judgment and decree dated 31.07.2003 passed in Original Suit No.33 of 2002 by the District Court, Karur.

2. The first respondent herein as plaintiff has instituted Original Suit No.33 of 2002 on the file of the trial Court praying to pass a decree of specific performance, wherein the second respondent and appellant herein have been shown as defendants.

3. The material averments made in the plaint are that the suit property is comprised in Survey No.2237, Andangovil Keelpaham Village, Karur District and the same is the absolute property of the first defendant by virtue of purchase dated 13.09.1985. On 06.01.2001 the first defendant has agreed to sell the suit property in favour of the plaintiff at the rate of Rs.18,500/- per cent and to that extent, the suit sale agreement dated 06.01.2001 has come into existence. On the date of suit sale agreement, the first defendant has received a sum of Rs.4,00,000/-by way of an advance and agreed to execute a sale deed in favour of the plaintiff on or before 15.04.2001. The first defendant has agreed to measure the suit property before 15.04.2001. The plaintiff as always been ready























































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