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2017 Supreme(Mad) 110

N.SATHISH KUMAR
A. V. Ram Balaji – Appellant
Versus
Hotel Silver Stars Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellants : T. Thiageswaran for Waraon & Sai rams
For the Respondent: K. Rajasekaran

JUDGMENT :

N. Sathish Kumar, J.

1. The suit is filed for specific performance directing the defendant to specifically enforce the oral agreement of sale dated 01.08.2009 by executing the sale deed in favour of the plaintiffs after accepting the balance sale consideration of Rs. 14,00,00,000/- and also for directing the defendant to delivery the vacant possession of the suit property to the plaintiffs and consequential injunction restraining the defendant from encumbering the suit property in any manner.

2. The brief facts of the case of the plaintiffs are as follows:

"The defendant approached the plaintiffs in the month of July 2009 for sale of the suit property. After detailed discussion, the plaintiffs agreed to purchase the suit property for a total sale consideration of Rs. 14,50,00,000/- on condition that the defendant get necessary permission to remove the BSNL tower erected in the terrace of the building and produce no objection certificate from the authorities before entering into the formal agreement of sale. During negotiations, at the request of the defendant, the plai
































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