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2014 Supreme(Mad) 3953

T.RAJA
Radha Lakshmanan – Appellant
Versus
M. S. Gurusamy – Respondent


Advocates Appeared:
For the Appellant:M.K. Kabir, Senior Counsel for G. Krishnakumar, Advocate.
For the Respondent:AR.L. Sundaresan, Senior Counsel for A. Vivekanandhan, Advocate.

Judgment

1. The unsuccessful plaintiff whose suit for specific performance to execute and register sale deed in respect of plot No.212 Periyar Nagar, Korattur, Madras, by enforcing the agreement of sale dated 25.09.1993 entered with the defendant having been dismissed, again getting another dismissal from the appellate Court, has brought the appeal.

2. This Court, while entertaining the second appeal, has framed the following 3 substantial questions of law for consideration:

“1. Whether on the admission of the respondent that he had remitted the entire sale consideration for the plot by 11.03.1992 and because of the delay in registration by TNHB in favour of the respondent and his intention to remain in Coimbatore, the agreement of sale dated 25.10.1993 would not fall under the mischief of the prohibition stated under the Lease cum Sale Agreement?

2. Whether the respondent is estopped by conduct in pleading that the agreement of sale dated 25.10.1993 is void because he had entered into the said Agreement with full knowledge of its authenticity and with an intention to transfer the same absolutely after remitting the entire sale consideration to TNHB and hence the concept of contra



































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