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2021 Supreme(Mad) 558

N.SATHISH KUMAR
K. S. A. Mohamed Mansoor – Appellant
Versus
S. Easwaran @ Easwaramurthy – Respondent


Advocates Appeared:
For the Appellants :A. Arumugam Senior Counsel, for Kumaravel, Advocate.
For the Respondents:I. Sam Jegan, P. Arumugam, Advocates.

JUDGMENT :

Prayer: This Appeal Suit is filed under Section 96 of the Civil Procedure Code, against the judgment and decree dated 11.09.2018 passed in O.S.No. 50 of 2012 by the learned Additional District Judge/Fast Track Court, Palani.

1. Aggrieved over the decree and judgment of the trial Court granting decree for specific performance, the present second appeal is filed.

2. For the sake of convenience, the parties are referred to herein, as per their rank before the Trial Court.

3. The brief facts, leading to the filing of this Appeal Suit, are as follows:

    The defendants 1 and 2 are the owners of the suit properties. They offered to sell the property to the appellant for a sum of Rs.11,34,000/- and accordingly, an agreement dated 10.07.2009 came into existence executed by the power of attorney of the defendants 1 and 2. On the date of agreement, an advance of Rs.1,00,000/- was received. It is agreed between the parties to complete the sale within a period of four months. The plaintiff was always ready and willing to perform his part of the contract. However, the defendants evaded from executing the sale. Therefore, the plaintiff issued a legal notice on 17.12.2012 calling upon the defe

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