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2018 Supreme(Mad) 1274

PUSHPA SATHYANARAYANA
M. Subramaniyam – Appellant
Versus
T. Abaranji Ammal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. S.V. Jayaraman, Mr. K.M. Ramesh
For the Respondent: Mr. V. Ramesh, M/s. Sampathkumar Associates

JUDGMENT :

This Second Appeal is filed by the defendant challenging the judgment and decree dated 26.11.2014 made in A.S.No.32 of 2014 on the file of the Principal District Court, Vellore, confirming the judgment and decree dated 23.08.2011 made in O.S.No.96 of 2011 on the file of the Subordinate Court, Vellore.

2. The case of the plaintiff is that the defendant agreeing to sell the suit property entered into an agreement dated 24.11.2004 for a sum of Rs.5,25,000/- with her and received an advance of Rs.5,00,000/-. The defendant undertook to execute and register the sale deed at the time of receiving the balance of the sale consideration. It was agreed between the parties that time for performing their respective obligation under the contract was three years. Though the plaintiff was ready and willing to perform her part of the obligation by paying the entire sale consideration and get the document executed and registered at the time of entering into the agreement itself, the defendant wanted to have three years time. Since the defendant is not forthcoming to execute the sale deed, the plaintiff issued a notice on 19.09.2005 calling upon him to perform his part of the obligation, whi




























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