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2021 Supreme(Mad) 1456

N.SATHISH KUMAR
Rathinameenakshi – Appellant
Versus
Somaraj – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Niranjan S. Kumar for V. Balaji
For the Respondents: V. Meenakshi Sundaram for D. Nallathambi

JUDGMENT :

N. Sathish Kumar, J.

1. Aggrieved over the judgment and decree of the trial Court the present appeal suit has been 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 suit property belongs to the defendant and it is divided into 155 plots. The defendant, who is living in a far away place appointed her sister namely, Bhagavath Geetha as power agent by a registered deed dated 01.10.1997. The said power agent entered into an agreement of sale on 24.01.2006 with the plaintiff agreeing to sell the suit schedule properties for a total consideration of Rs. 8,00,000/- and received a sum of Rs. 5,00,000/- as an advance towards the sale consideration on the same date. The balance of Rs. 3,00,000/- was agreed to be paid within a period of 18 months. The possession of the property was handed over to the plaintiff and the plaintiff is in possession and enjoyment of the property. The plaintiff was always ready and willing to perform his part of contract, but neither the power agent nor the defendant herein had not come forward to execute the s

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