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2017 Supreme(Mad) 946

N.SATHISH KUMAR
N. Sundaram – Appellant
Versus
P. Kamalammal – Respondent


Advocates Appeared:
For the Appellant : Mr. G. Karthikeyan
For the Respondent: Mr. M.Devendran

JUDGMENT :

The unsuccessful plaintiff in O.S.No.13180 of 2010, on the file of the learned Additional District Judge, Fast Track Court No. V, Chennai is the appellant herein.

2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.

3. The plaintiff filed a suit in O.S.No.13180 of 2010, before the learned Additional District Judge, Fast Track Court No. V, Chennai, for specific performance.

4. After contest, the suit was dismissed by the Trial Court, vide judgment and decree dated 22.3.2012 and hence this appeal.

5. The facts leading to the filing of this appeal are as follows:

(i) The 1st defendant borrowed money from the 2nd defendant by mortgaging the suit property. Since the 1st defendant was not able to redeem the mortgage of the suit property, she decided to sell the suit property to the plaintiff for a total consideration of Rs.9,50,000/- and executed an agreement for sale on 28.5.2007 and received a sum of Rs. 1,50,000/- towards lease amount and also agreed to treat the same as part of consideration. As per the sale agreement, the plaintiff has to pay the balance amount to the 2nd defendant towards the mortgage loan and to pay the bala














































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