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2016 Supreme(Mad) 3411

K.RAVICHANDRABAABU
Rajammal – Appellant
Versus
A. P. Mani – Respondent


Advocates Appeared:
For the Appellant : Mr. N. Manokaran
For the Respondent: Mr. S. Kalyanaraman

JUDGMENT :

The appellant is the defendant in a suit for specific performance of an agreement of sale.

2. The case of the plaintiff is as follows:

The suit property belongs to the defendant. The defendant had obtained loan for her family expenses and in order to repay the said loan, she decided to sell the properties in favour of the plaintiff. Accordingly, the defendant executed an agreement of sale dated 06.08.2009 by fixing the total sale consideration as Rs.2,00,000/-. On the same day, the plaintiff paid a sum of Rs.1,50,000/- as advance. For payment of the balance sum, nine months time was agreed between the parties. When the plaintiff was ready and willing to perform his part of the contract, the defendant has not come forward to execute the sale deed by receiving the balance sale consideration. The pre-suit notice issued to the defendant on 09.04.2010 was returned as unclaimed.

3. The case of the defendant is as follows:

She borrowed a sum of Rs.1,50,000/- as a loan from the plaintiff on 06.08.2009 to meet the medical expenses of her son, who was critically ill at that time. She agreed to repay the loan within nine months with interest. In order to secure the repayment of the loan
















































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