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2021 Supreme(Mad) 522

G.JAYACHANDRAN
G. Agilambal – Appellant
Versus
M. Elumalai – Respondent


Advocates Appeared:
For the Appellant :M/s. Dilaw Associates, D.B.R. Prabhu, Advocates.
For the Respondent:N. Subramani, Advocate.

JUDGMENT :

Prayer: Appeal Suit has been filed under Section 96 of the Civil Procedure Code, 1908, against the judgment and decree dated 09.10.2014 made in O.S.No.11 of 2009 on the file of the II Additional District and Sessions Judge, Vellore at Ranipet, Vellore District.

1. This Appeal suit filed by the defendant challenging the judgment and decree passed by the Trial Court in the suit filed for Specific Performance.

2. The sum and substance of the case is that the suit property belongs to the appellant herein. She entered into a sale agreement with the respondent on 30.08.2007 for sale consideration of Rs.14,00,000/- and advance of Rs.10,000/- was paid and it was agreed by the parties that the contract should conclude within six months. The respondent was ready and willing to perform his part of contract and called upon the appellant herein to produce the original title deed and the encumbrance certificate. To the legal notice dated 18.09.2007, there was no response from the appellant. Hence, the suit for specific performance was filed on 31.10.2008. The appellant herein inspite of receiving the suit summon failed to appear and contest the suit. Hence, he was called absent and set e

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