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2021 Supreme(Mad) 184

G.JAYACHANDRAN
Arokkiyaraj – Appellant
Versus
A. Arokkoyaraj – Respondent


Advocates Appeared:
For the Appellants :V.R. Kamalanathan, Advocate.
For the Respondents:P. Valliappan, Advocate.

JUDGMENT :

(The case has been heard through Video Conferencing)

(Prayer: Appeal Suit has been filed under Section 96 of the Civil Procedure Code read with Section 15(2) of the High Court Act, 7/1982, against the judgment and decree passed by the Principal District and Sessions Judge, Ariyalur made in O.S.No.10 of 2011, dated 28.09.2012.)

1. This appeal is filed by the defendants, aggrieved by the judgment and decree passed by the trial Court against them in the suit filed for Specific Performance and Mesne Profits.

2. The trial Court, on considering the pleadings and evidence granted the relief of Specific Performance but dismissed the prayer for Mesne Profits.

3. The brief facts of the case is that, the plaint schedule property owned by the first defendant Arokkiyaraj, S/o Anthonisamy Udaiyar. On 16.07.2009, he entered into a sale agreement with the plaintiff Arokkiyaraj, S/o Amburose Udaiyar. The sale consideration of the suit property was fixed as Rs.10,67,500/- and an advance of Rs.1,55,000/- was paid on the date of sale agreement. The purchaser/plaintiff agreed to pay the balance sale consideration of Rs.9,12,500/- within the period of six months from the date of sale agreement. Th

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