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2021 Supreme(Mad) 640

P.T.ASHA
S. Jamal Mohideen – Appellant
Versus
K. T. Prakash – Respondent


Advocates Appeared:
For the Plaintiff :G. Veerapathiran, Advocate.
For the Defendant :V.K. Vijayaraghavan, Advocate.

JUDGMENT :

Prayer: Civil Suit filed under Order VII Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of the Original Side Rules,1956 to direct the defendants to specifically enforce the agreement of sale by executing the Sale Deed in favour of the plaintiff or his nominee of the scheduled mentioned property after receiving the balance sale consideration of Rs.2.25 crores and hand over the vacant possession of the same free of all encumbrances morefully described in the schedule of in the alternative directing the defendant to pay damages which is valued moderately at Rs.2 crores only together with interest at the rate of 18% per annum as per custom and contract from this date to till the date of realization and to return of advance amount of Rs.10 lakhs only, together with interest at the rate of 18% per annum from the date of agreement, i.e, 01.07.2005, till the date of realization which has been agreed between both the parties to the sale agreement dated 01.07.2015 as per clause 14 of the agreement with costs.

1. This Civil Suit was originally filed under Order VII Rule 1 of the Code of Civil Procedure read with Order IV Rule 1 of the Original Side Rules, 1956, for a

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