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2020 Supreme(Mad) 1453

G.JAYACHANDRAN
S. Muralikumar – Appellant
Versus
Maheswari – Respondent


Advocates Appeared:
For the Appellant :K.A. Ravindran, M. Murthy, Advocates.
For the Respondents: R2, M. Jayachandran, Caveator.

JUDGMENT :

(Prayer: Second Appeal has been filed under Section 100 of the Civil Procedure Code against the judgment and decree made in A.S.No.13 of 2012 on the file of the learned Principal District Judge, Dharmapuri, dated 06.03.2020, confirming the judgment and decree made in O.S.No.35 of 2010 on the file Subordinate Judge, Dharmapuri, dated 24.02.2012.)

(The case has been heard through Video Conferencing)

1. This Second Appeal is filed by the plaintiff who lost his suit for specific performance before the Courts below.

2. The brief facts of the case as pleaded in the plaint is that the appellant entered into an agreement with the 1st respondent regarding the suit property on 23.10.1996. As per the agreement of sale he paid an advance of Rs.1,00,000/- and for the payment of balance of Rs.5,000/-, 15 months time was granted. The agreement for sale was duly registered. The plaintiff paid the balance of Rs.5,000/- on 27.10.1996. The 1st respondent handed over the original documents on receipt of the entire sale consideration and also handed over the possession of the property. When he approached the 1st respondent for execution of sale deed she delayed the process stating her family pro

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