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2019 Supreme(Mad) 1989

N.SATHISH KUMAR
Selvaganesan – Appellant
Versus
Kalaiselvi – Respondent


Advocates Appeared:
For the Appellant : P. Valliappan, Adv.
For the Respondents: N. Suresh for T.R. Rajaraman, Adv.

JUDGMENT :

N. Sathish Kumar, J.

1. Aggrieved over the dismissal of Application filed under Section 47 of C.P.C. the present Revision is filed. The parties arrayed as per their own rankings as per the Trial Court.

2. The brief facts leading to file this Revision are as follows:

    2(a). The First Defendant in O.S. No. 351 of 2003 entered into an Agreement for Sale of the property in favour of the Respondent on 22.1.2001 for a total Sale consideration of Rs. 2,07,900 & Rs. 10,000 paid advance on the date of Agreement. Time is agreed for three months to complete the sale. After Agreement on 14.2.2001 he has received further Rs. 25,000 as further Advance. At the time of Agreement the Plaintiff wanted some clarification regarding title. However, the First Defendant did not clarify the title. Since the First Defendant has made some arrangements to sell the property and also sold the property in favour of the Second Defendant the Plaintiff has filed Suit for recovery of Advance amount of Rs. 35,000 and also charge upon that property. In the above Suit the 1st Defendant has contested the Suit. The 2nd Defendant, who was the purchaser of the property from the 1st Defendant remained ex parte. It is

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