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2015 Supreme(Mad) 2558

V.RAMASUBRAMANIAN, T.MATHIVANAN
R. Aravindhan – Appellant
Versus
K. R. S. Janakiraman (A. K. A. ) – Respondent


Advocates Appeared:
For the Appellant : R. Thiagarajan, SC for R.N. Amarnath
For the Respondents: C. Krishnan, SC for M. Mayakrishnan

JUDGMENT

V. Ramasubramanian, J.

1. The appeal arises out of a decree for specific performance granted by the Fourth Additional District and Sessions Court, Coimbatore. We have heard Mr. R. Thiagarajan, learned Senior Counsel appearing for the appellant and Mr. C. Krishnan, learned Senior Counsel appearing for the respondents.

2. The respondents herein filed a suit in O.S. No. 148 of 2005 on the file of the Fourth Additional District Court, Coimbatore for specific performance of an agreement of sale dated 27.1.2005.

3. The case of the respondents in the plaint was that the appellant offered to sell three items of properties more fully described in the plaint schedule for a total consideration of Rs. 1,85,01,000/-; that an agreement of sale was entered into on 27.1.2005 and an advance of Rs. 28 lakhs was paid, at the time of execution of the agreement; that out of the three items of properties agreed to be sold, two belonged to the appellant herein and the third belonged to the appellant's mother; and that under Clause 9 of the agreement, the appellant agreed to have the third item of property also conveyed to him by his mother before the execution and registration of the sale; that unde




























































































































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