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2020 Supreme(Mad) 1146

K.KALYANASUNDARAM
K. Palani – Appellant
Versus
R. Madana Gopal (Died) Sumathi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.N. Rajagopalan.
For the Respondent: T.R. Rajagopalan for K. Aswini.

JUDGMENT :

K. KALYANASUNDARAM, J.

Second Appeal is filed under Section 100 of Civil Procedure Code against the Judgment and Decree, dated 25.10.2018 made in A.S. No. 21 of 2011, on the file of IV Additional District Judge, Ponneri as confirmed the Judgment and Decree dated 10.08.2009 made in O.S. No. 63 of 2001, on the file of the Sub Court, Ponneri.

1. This appeal is directed against the Judgment and Decree made in A.S. No. 21 of 2011 by the IV Additional District Judge, Ponneri, confirming the Judgment and Decree passed by the Sub Court, Ponneri in O.S. No. 63 of 2001. The unsuccessful defendants in the suit are the appellants herein. The suit was filed by the respondents for specific performance of the agreement of sale, dated 20.03.1995.

2. The case of the plaintiff, in brief, is that the defendants 1 and 2 are the absolute owners of the suit property and under an agreement of sale, dated 30.03.1995, they agreed to sell the property at Rs. 1,150/- per cent and Rs. 50,000/- was paid as earnest money. It is further averred in the plaint that the defendants received a sum of Rs. 15,000/- on 09.07.1995; Rs. 35,000/- on 24.03.1996 and Rs. 50,000/- on 28.03.1996 and made endorsement in t

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