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2012 Supreme(Mad) 4921

T.MATHIVANAN
K. Bama – Appellant
Versus
J. Stephen Selvaraj – Respondent


Advocates Appeared:
For the Appellant :T. Aravindakshan, Advocate
For the Respondents:Srinath Sridevan and P.B. Palaninathan, Advocates

JUDGMENT :

T. Mathivanan, J.

Challenge is made in this appeal to the Judgment and Decree dated 18.12.2008 and made in O.S. No. 266 of 2005, on the file of the learned Additional District Judge (Fast Track Court No. II), Poonamallee.

2. The plaintiff in the suit is the appellant herein, whereas the defendants 1 to 8 are the respondents.

3. For the sake of convenience and also for easy reference, the character of the parties to the suit need not be changed and let it remain as it is in the suit.

4. Originally, the plaintiff has filed the suit against the defendants 1 to 3. During the pendency of the suit, the third defendant Mr. V. Asirvatham had passed away and therefore in view of the Order dated 05.12.2007 and made in I.A. No. 1413 of 2007, the defendants 4 to 8 being the wife and sons of the deceased third defendant have been impleaded in the suit.

5. The facts, which are absolutely necessary for the disposal of this appeal are as under:

5.1. The plaintiff had filed the suit seeking the following reliefs:

i. For specific performance of the contract of sale agreement directing the defendants to execute and register the sale deed in favour of the plaintiff in respect of the suit property a










































































































































































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