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2016 Supreme(Mad) 1923

K.RAVICHANDRABAABU
Kadali Venu Sankar – Appellant
Versus
Pydikondala Lakshmi – Respondent


Advocates Appeared:
For the Appellant : Mr. S.V. Jayaraman, Senior Counsel and Mr. M. Aravind Subramaniam.
For the Respondent: Mr. M. Ravi.

JUDGMENT :

K. RAVICHANDRABAABU, J.

1. The defendant in a suit for specific performance of agreement of sale is the appellant and the respondent herein is the plaintiff.

2. The case of the plaintiff is as follows:-

The defendant is the owner of the suit property and entered into an agreement of sale with the plaintiff on 09.12.2002, agreeing to sell the suit property for a total consideration of Rs.2,25,000/- and received a sum of Rs.1,75,000/- as advance. The balance sale consideration was agreed to be paid within one year. Though the plaintiff made ready the balance sale consideration within the stipulated time and requested the defendant on several occasions to perform his part of the contract, he postponed the same on one reason or other. The plaintiff issued a notice to the defendant on 26.09.2005. Since no acknowledgement was received, she once again issued a notice on 08.12.2005. The defendant replied on 28.01.2006 with false allegations. The plaintiff issued a rejoinder on 15.02.2006. The plaintiff is always ready to perform her part of contract.

3. The case of the defendant is as follows:-

The defendant borrowed a sum of Rs.50,000/- from the plaintiff and agreed to pay the said s





































































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