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2014 Supreme(Mad) 4403

P.R.SHIVAKUMAR
K. Nirmala – Appellant
Versus
Sellamuthu – Respondent


Advocates Appeared:
S. Mukunthan, for M/s. Sarvabhauman Associates, for Appellant
T. Dhanyakumar, for Respondent

JUDGMENT

1. Defendant in O.S.No.54 of 1996 on the file of the Sub Court, Namakkal is the appellant in the second appeal.

2. Sellamuthu, the respondent herein filed the abovesaid suit for the relief of specific performance based on an agreement for sale dated 23.2.1993 executed by the appellant herein containing recitals to the effect that she had agreed to sell the suit property to the respondent herein for a sum of Rs.1,10,000/= and received Rs.1,00,000/= as advance on the date of agreement and that it was mutually agreed that the sale transaction would be completed within three months from the date of agreement. The respondent herein, in the plaint, contended that though he was ready and willing to perform his part of the contract by making the payment of balance amount of sale consideration and get the sale deed executed and registered in his name, the appellant was not ready within the stipulated period of three months. The respondent sent a telegraphic message to the appellant on 21.5.1993 to come and execute the sale deed which was not responded to by the appellant; that thereafter, when the appellant was contacted by the respondent, the appellant informed that the transaction




























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