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2020 Supreme(Mad) 1027

S.M.SUBRAMANIAM
Antony Moses – Appellant
Versus
Roselin – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V. Srimathi
For the Respondent: Rishab S. Kothari for McGan Law Firm

JUDGMENT :

S.M. Subramaniam, J.

1. The appeal suit on hand is directed against the judgment and decree dated 10.12.2013 passed by the learned V Additional District and Sessions Judge, Coimbatore in O.S. No. 236 of 2008.

2. The appellant in the appeal suit is the plaintiff in the suit and the respondents in the appeal suit are the defendants in the suit.

3. The suit was instituted by the appellant for specific performance to enforce the suit Sale Agreement entered into between the plaintiff and the defendants on 02.06.2005.

4. The facts, in nutshell, as narrated by the plaintiff in the plaint, are that the first defendant is the owner of the suit property and he agreed to sell his property to the plaintiff for a sale consideration of Rs. 20,13,000/- and both executed an agreement on 02.06.2005. The title to the Sale Deed was in the name of the first defendant vide No. 167/2004, which was pending before the Special Deputy Collector Stamps as a pending document to ascertain the stamp value. Thus, it was agreed that the sale is to be completed after getting the original title deed by the first defendant. The plaintiff claims that the possession was also handed over to the plaintiff on the d

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