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2017 Supreme(Mad) 156

M.DURAISWAMY
M. Sankar Nadar – Appellant
Versus
Deva Krishnan – Respondent


Advocates Appeared:
For the Appellant : Mr. V. Meenakshi Sundaram, Mr. D. Nallathambi
For the Respondent: Mr. S. Parthasarathy

JUDGMENT :

The above Second Appeal arises against the judgment and decree passed in A.S.No.9 of 2010, on the file of the Subordinate Court, Uthamapalayam reversing the judgment and decree passed in O.S.No.6 of 2009, on the file of the Principal District Munsif Court, Uthamapalayam.

2. The defendants are the appellants and the respondent is the plaintiff in the suit. The plaintiff filed the suit in O.S.No.6 of 2009 for specific performance and permanent injunction.

3. The brief case of the plaintiff is as follows:

(i) According to the plaintiff, the suit property belongs to the first defendant by virtue of a registered sale deed dated 18.03.1980. The second defendant is the son of the first defendant. The plaintiff entered into a sale agreement dated 05.07.1995 with the defendants for the purchase of the suit property for a total sale consideration of Rs.10,000/- and on the date of sale agreement itself, the entire sale consideration was paid to the defendants. The defendants handed over the possession of the suit property to the plaintiff on the date of sale agreement and since then, the plaintiff has been in possession and enjoyment of the suit property. The defendants also handed ove












































































































































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