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2015 Supreme(Mad) 3636

C.S.KARNAN
V. Akkammal – Appellant
Versus
Kee Pee Yes (Trust) – Respondent


Advocates Appeared:
For the Appellant : R. Madhusudhanan
For the Respondents: A. Natarajan, Senior Counsel for K. Hema Karthikeyan

JUDGMENT :

C.S. Karnan, J.

1. The plaintiff had submitted that the suit property belonged to first defendant Trust, which is a Private Trust, who had purchased the same under a registered Sale Deed, dated 18.11.1996. All the trustees had given their consent to the Secretary of the Trust for alienation of the suit property. Accordingly, the Secretary had entered into a Sale Agreement, dated 13.10.2004, with her for the sale of the suit property for a total sale consideration of Rs. 3,81,000/- and she had also paid a sum of Rs. 1,00,000/- as advance. Both the parties had agreed to execute Sale Deed within a period of 180 days from the date of agreement. After arranging the balance sale consideration, she had requested the Secretary of the Trust to execute the Sale Deed. But, he had refused to execute a Sale Deed and to fulfil the contractual obligation. Hence, she had filed a suit in O.S. No. 130 of 2005, before the learned Additional District Judge, Dindigul, for specific performance.

2. She had further submitted that the first defendant had agreed to sell the suit property along with other landed properties, measuring about 42 Acres, belonging to them. Therefore, her son Vijaya Bhoopa




































































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