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2017 Supreme(Mad) 3213

R.SUBRAMANIAN
Sak Apparels, Rep by its Partner, Deepak Ramchand – Appellant
Versus
Madras Management Association, Rep. By its Power of Attorney Agent, R. Raghunathan – Respondent


Advocates Appeared:
For the Plaintiff :K.V. Babu, Advocate.
For the Defendants :Arumugarajan, S.P. Arthi, Advocates.

JUDGMENT :

1. This suit is laid for specific performance of an agreement of sale entered into between the plaintiff and the first defendant on 21.05.2007. According to the plaintiff, the first defendant, represented by its Power of Attorney, had offered to sell the suit property for a consideration of Rs.84,00,000/- and on the same day namely 21.05.2007, an advance of Rs.25,00,000/- was paid by the plaintiff. As per the agreement, 60 days was fixed for performance of the agreement. According to the plaintiff, the time fixed is subject to the eviction of the tenant who was in occupation of the suit property and handing over of vacant possession. On 13.07.2007, the plaintiff sent a letter seeking eviction of the tenant and called upon the first defendant to execute the sale deed as per the agreement. Since, the first defendant was unable to evict the tenant within the time prescribed and time prescribed was to expire, shortly an extension agreement was entered into between the parties on 20.07.2007 in and by which it was agreed that the tenant would vacate the premises by 30.09.2007 and registration of the sale deed shall be completed within 15 days there from. Except the said extensi























































































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