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2017 Supreme(Mad) 59

N.SATHISH KUMAR
P. B. Prince Andrew – Appellant
Versus
K. V. Rathnam – Respondent


Advocates Appeared:
For the Plaintiff : Mr. P. Satheeshkumar.
For the Defendant : Mr. P. Sesubalanraja.

JUDGMENT :

1. The suit is filed for specific performance or in the alternative for recovery of the advance amount paid to the defendant and for costs.

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

The defendant by an agreement of sale dated 21.11.2010 agreed to sell the plot no. C35 measuring a plinth area of 412 of 25 together with 1/25th share in the land to an extent of 2,725 sq. ft. for a total sale consideration of Rs.2,10,00,000/- to the plaintiffs. On the date of agreement, an advance amount of Rs.30,00,000/- has been paid. The time stipulated for the completion of the sale is on before 20.2.2011. It is also agreed between the parties that the sale is subject to the approval of the defendant's title to the property by the advocate of the plaintiffs, whose opinion shall be final. The plaintiffs have also paid another sum of Rs.5,00,000/- on 09.04.2011 through bank transaction. Thus, the balance consideration payable is only Rs.1,75,00,000/-. As the plaintiffs' lawyer required planning permission to give his opinion and the same was communicated to the def








































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