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2021 Supreme(Mad) 1254

G.K.ILANTHIRAIYAN
K. Duraisamy – Appellant
Versus
K. Kumarasamy – Respondent


Advocates Appeared:
For the Petitioner: Mr. K. Sudhakar.
For the Respondents: Mr. S. Ramesh.

ORDER :

The Civil Revision Petition is directed as against the fair and decreetal order dated 27.08.2018 passed by the learned District Munsif, Dharapuram, in I.A.No.1023 of 2014 in O.S.No.263 of 2014, thereby dismissing the petition for rejection of plaint.

2. The petitioner is the first defendant and the respondents are the plaintiffs. The respondents filed suit in O.S.No.263 of 2014, for bare injunction in respect of the suit property. The cause of action for filing the suit is that the petitioner's father entered in to a agreement for sale with the second defendant and the respondents herein on 01.12.1993 in respect of the suit property for the total sale consideration of Rs.45,000/-, in which a sum of Rs.30,000/- paid as advance on the date of agreement. The time for execution of sale deed was fixed as eleven months. Accordingly, the defendants ought to have been executed the sale deed on or before 31.10.1994.

3. While it being so, on 10.04.1994, the balance sale consideration was also received by the petitioner's father. Thereafter the entire possession of the suit property handed over to the respondents and they are in possession and enjoyment of the suit property. They also pa

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