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2018 Supreme(Mad) 64

M.DURAISWAMY
G. Jothimani – Appellant
Versus
P. C. Renganathan (Deceased) – Respondent


Appearing Advocates:
For the Appellant :P. Saravana Sowmiyan, Advocate.
For the Respondents:L. Mouli, Advocate.

JUDGMENT :

1. The above appeal arises against the judgment and decree passed in O.S.No.24 of 2007 on the file of the Additional District Court cum Sessions Court, Fast Track Court-II, Coimbatore.

2. The plaintiff is the appellant and the respondents 2 to 4 are the legal representatives of the deceased defendant, who had died during the pendency of the appeal.

3. The plaintiff filed the suit in O.S.No.24 of 2007 for specific performance.

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

(i) According to the plaintiff, the defendant is the absolute owner of the suit property measuring an extent of 3.24 acres by virtue of Sale Deed dated 20.05.1974 executed by one Rangaraj Pillai. Since the date of purchase, the defendant is in possession and enjoyment of the property as its absolute owner. The defendant agreed to sell the property in favour of the plaintiff at the rate of Rs.2,50,000/- per acre and for the total Sale Consideration of Rs.8,10,000/-. The defendant received a sum of Rs.5,00,000/- as advance on 19.07.2006.

(ii) At the time of execution of the Sale Agreement on 19.07.2006, the defendant informed that the original Title Deeds relating to the suit property was deposited with the


























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