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2017 Supreme(Mad) 3707

A.SELVAM, P.KALAIYARASAN
N. VENUGOPAL – Appellant
Versus
N. D. SUKUMAR – Respondent


Advocates Appeared:
For the Appellant :Mr. A. Thiagarajan Senior Counsel for Mr. D. Veerasekaran, Advocates.
For the Respondent:Mr. N. Anand Venkatesh for Mr. V. Nicholas, Advocates.

JUDGMENT :

A. SELVAM, J.

1. Challenge in this appeal suit is to the judgment and decree dated 22.01.2009 passed in O.S.No.165 of 2007 by the Fast Track Court No. III, Coimbatore.

2. The respondents herein, as plaintiffs, have instituted Original Suit No.165 of 2007 on the file of the trial Court praying to pass a decree of specific performance in pursuance of sale agreement dated 11.03.2006 or alternatively to pass a decree in respect of return of advance amount with 24% interest per annum and also for the relief of perpetual injunction, wherein the present appellants have been arrayed as defendants.

3. The material averments made in the plaint are that the suit property is the absolute property of the defendants. The defendants have agreed to sell the same in favour of the plaintiffs for a sum of Rs. 64 lakhs. Under the said circumstances, the suit sale agreement has come into existence on 11.03.2006 and on the date of its execution, an advance amount of Rs. 5 lakhs has been received by the defendants and subsequently on various dates, another sum of Rs. 5 lakhs has been paid to the defendants and in aggregation, the plaintiffs have paid a sum of Rs. 10 lakhs. After execution of sale


























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