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2020 Supreme(Mad) 53

G.K.ILANTHIRAIYAN
Rajareddy – Appellant
Versus
R. Krishna Reddy (died) – Respondent


Advocates:
Advocate Appeared:
For the Appellants : J. Hariharan, V. Nicholas.
For the Respondent: V. Raghavachari.

JUDGMENT :

G.K. ILANTHIRAIYAN, J.

Prayer: This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree of the learned Principal District Judge, Dharmapuri at Krishnagiri dated 30.09.2004 in A.S. No. 49 of 2002 reversing the judgment and decree of the learned Subordinate Judge, Hosur dated 04.09.2002 in O.S. No. 408 of 1996.

1. This second appeal is directed as against the judgment and decree dated 30.09.2004 passed in A.S. No. 49 of 2002 on the file of the Principal District Court, Dharmapuri at Krishnagiri reversing the judgment and decree dated 04.09.2002 made in O.S. No. 408 of 1996 on the file of the Subordinate Court, Hosur.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

3. The case of the plaintiff in brief is as follows:-

    3.1. The suit is filed for specific performance and delivery of possession of the suit schedule property. The defendants 1 to 4 agreed to sell the suit schedule property to the plaintiff for the total sale consideration of Rs. 73,875/- and executed a sale agreement dated 13.06.1993. On the same day, they also received a sum of Rs. 72,375/- as advance in the presence of

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