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2021 Supreme(Mad) 800

KRISHNAN RAMASAMY
Durairaji – Appellant
Versus
Nadarajan – Respondent


Advocate Appeared:
For the Appellants :N. Ramesh, Advocate.
For the Respondent:N. Suresh, P. Rajavel, Advocates.

JUDGMENT :

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 02.09.2013 made in A.S.No.18 of 2012 on the file of the Subordinate Judge, Kallakurichi confirming the judgment and decree dated 21.11.2011 made in O.S.No.420 of 2009 on the file of the Principal District Munsif, Kallakurichi.)

1. This Second Appeal has been filed to set aside the judgment and decree dated 02.09.2013 made in A.S.No.18 of 2012 on the file of the Subordinate Judge, Kallakurichi confirming the judgment and decree dated 21.11.2011 made in O.S.No.420 of 2009 on the file of the Principal District Munsif, Kallakurichi.

2. The appellants herein are the defendants in the suit. The respondent herein is the plaintiff in the suit.

3. The suit was filed for specific performance. The plaintiff and the 1st defendant are brothers.

4. According to the plaintiff, the 1st defendant has agreed to sell the suit schedule property for a consideration of Rs.47,500/-. Accordingly the 1st defendant received a consideration of Rs.37,000/- as advance from the plaintiff and executed a registered agreement of sale on 01.03.2007. The 2nd defendant is the daughter of the 1st

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