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2020 Supreme(Mad) 4

S.M.SUBRAMANIAM
S. M. Jayasaravanan – Appellant
Versus
P. Palaniammal – Respondent


Advocates Appeared:
For the Appellant :C. Jagadish, Advocate.
For the Respondent:V. Raghavachari, Advocate

JUDGMENT :

(Prayer: Appeal Suit is preferred under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 21.04.2016 passed in O.S.No.4 of 2009 on the file of the learned Additional District Judge, Krishnagiri.)

1. The appeal suit is directed against the judgment and decree dated 21.04.2016 passed by the learned Additional District Judge, Krishnagiri in O.S.No.4 of 2009.

2. The appellant is the plaintiff in the suit and the suit was instituted by the appellant for the relief of specific performance.

3. The facts, in nutshell, to be considered in this appeal suit are that the appellant entered into a Sale Agreement with the first respondent on 16.07.2006 for sale of immovable property measuring 8 acres and 29 cents for a sale consideration of Rs.22,38,300/-. The appellant had paid Rs.1,00,000/- towards advance and the time fixed for completion of contract was 15 months from the date of agreement i.e., on 16.07.2006. In view of the fact that as per the Sale Agreement, no Sale Deed was executed, the appellant was constrained to institute a suit for specific performance.

4. The learned counsel appearing on behalf of the appellant mainly contended that the appellant

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