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2021 Supreme(Mad) 1798

P.T.ASHA
Kamatchiammal – Appellant
Versus
Janab Jinnah – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R. Rajarajan, Advocate.
For the Respondent:V. Prakash Babu, Advocate.

JUDGMENT :

(Prayer: Appeal filed under Section 100 of the CPC against the Judgment and Decree passed in A.S.No.23 of 2017 dated 22.12.2017 on the file of the Mahila Court (Additional Incharge, Sessions cum District Judge), Tiruvannamalai, confirming the Judgment and Decree dated 21.11.2012 in O.S.No.5 of 2011 on the file of the Principal Sub Court, Tiruvannamalai.)

1. The defendant is the appellant before this Court. The parties are referred to in the same litigative rank as before the Trial Court. The Second Appeal arises out of a suit O.S.No.5 of 2011 filed by the plaintiff on the file of the Principal Subordinate Court, Tiruvannamalai for specific performance of an agreement of sale dated 28.10.2009 or in the alternate to pay a sum of Rs.4,57,200/- with subsequent interest of 12% to the plaintiff till realisation. It is necessary to briefly allude to the facts in order to appreciate the challenge to the Judgment and Decree by the defendant.

Plaintiff’s case:

2. The suit schedule property admittedly belongs to the defendant. The defendant had purchased the property from one Velauthammal under a registered sale deed dated 19.03.1996. After the purchase, the defendant has been residing

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