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2021 Supreme(Mad) 1380

J.NISHA BANU
Manju Shree – Appellant
Versus
Bhagavathi Raj – Respondent


Advocates Appeared:
For the Petitioner:D. Venkatesh, Advocate.
For the Respondent:R. Subramanian, Advocate.

ORDER :

(Prayer: Petitions filed under Article 227 of the Constitution of India, against the fair and decreetal order made in I.A.Nos.97 and 98 of 2020 and 51of 2020 in O.S.No.115 of 2016 by the Additional District Court (Fast Track Court), Palani, dated 19.11.2020 and 17.03.2020.)

1. Having suffered dismissal of the petitions filed in I.A.Nos.97 and 98 and 51/2020 in O.S.No.115/2016, the defendant in the suit/the applicant in all the applications have challenged the dismissal order in these two revision petitions. As the issue involved is common, this common order is passed.

2. Admittedly, the suit is filed for specific performance by the respondent herein who is the plaintiff in the suit. The parties are described as per the nomenclature as used in the civil suit for the purpose of better clarification.

3. The case of the plaintiff is that there was a sale agreement to purchase the property of the defendant and advance of Rs.5 Lakhs was paid at the time of registration of the sale agreement. The case of the defendant is that she did not receive a sum of Rs.5 Lakhs by cash and instead, the plaintiff executed a promissory note for Rs.8 Lakhs towards security of the advance amount payab

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