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2017 Supreme(Mad) 4189

M.V.MURALIDARAN
P. K. Karuppan – Appellant
Versus
Subbarayan by General Power Agent N. Raju – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Victor Prasath
For the Respondents: Mr. C. Jagadish

ORDER :

The petitioner has filed this Civil Revision Petition to set aside the fair and decreetal order dated 02.07.2010 passed in I.A.No.780 of 2008 in O.S.No.109 of 2007 by Learned Subordinate Judge, Namakkal.

2. The case of the revision petitioner is that he as plaintiff has filed the suit in O.S.No.109 of 2007 for specific performance as against the 2nd defendant on the basis of a sale agreement dated 04.09.2006 entered upon by the revision petitioner and the defendant in respect of suit schedule property. Having received the advance amount, the respondent refused to accept the balance sale consideration offered by the revision petitioner and failed to execute the sale deed in favour of the revision petitioner. Therefore the revision petitioner has filed the above suit in O.S.No.109 of 2007 for specific performance. In the mean time the revision petitioner found that in the sale agreement dated 04.09.2006, the properties mentioned in schedule “A” and “B” remained added erroneously by the document writer, who scribed the sale agreement. Originally the agreement was entered upon only in respect of “B” and “C” scheduled property mentioned in the plaint. Whereas the “A” and “B” sched





















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