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2015 Supreme(Mad) 2976

G.CHOCKALINGAM
J. Vincent – Appellant
Versus
S. Srinivasan – Respondent


Advocates Appeared:
For plaintiff : Mr.M.Kempraj
For defendant : Mr.S.Sethuraman for M/s.G.Senthilkumar and R.Baskar

JUDGMENT

The case of the plaintiff in a nut-shell is as follows:

(a) The defendant is the absolute owner of the suit schedule mentioned property purchased by him in 2009 from CMDA. The defendant entered into sale agreement with the plaintiff on 17.05.2009 for sale consideration of Rs.50 lakhs and received advance of Rs.10 lakhs, out of which, Rs.7,50,000/-was paid through Cheque, dated 08.05.2009 and the balance Rs.2,50,000/-was paid through cash on the date of sale agreement, and in view of the huge amount received as advance, the defendant voluntarily handed over the physical possession of the superstructure of the suit schedule property. As the defendant was not in a position to pay the sale consideration to the property, even after the allotment was made by the CMDA, the plaintiff rendered financial help to the defendant to pay the balance sale consideration to the CMDA and to register the suit property.

(b) The plaintiff paid a sum of Rs.5,00,000/-in favour of the Chennai Metropolitan Development Authority and also a sum of Rs.1,00,000/-by Cheque, which was encashed by the defendant.

(c) The defendant received a sum of Rs.30 lakhs towards the sale agreement, dated 17.05.2009 as

















































































































































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