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2021 Supreme(Mad) 1967

K.KALYANASUNDARAM
R. Muniappan – Appellant
Versus
P. K. Kaliyappan – Respondent


Advocate Appeared:
For the Petitioner:Balan Haridas, A. Prabakaran, Advocates
For the Respondent:AR.L. Sundaresan, P. Valliappan, Advocates

JUDGMENT :

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the Fair and Decreetal Order dated 17.06.2017 passed in I.A.No.395 of 2016 in I.A.No.392 of 2014 in O.S.No.210 of 2011, on the file of the District Munsiff Court, Harur.)

1. This Civil Revision Petition arises out of the Fair and Decreetal order passed by the District Munsiff Court, Harur in I.A.No.395 of 2016 in I.A.No.392 of 2014 in O.S.No.210 of 2011.

2. The brief facts of the case are that the respondent as plaintiff instituted the Suit O.S.No.210 of 2011, for specific performance. It is the case of the plaintiff that the defendant purchased the suit schedule properties from one Lakshminathan, vide sale deed dated 29.04.1993 and from Arimuthu and Chinnapalani, vide sale deed dated 03.05.1993, thereby he became absolute owner of suit schedule properties and on 11.07.1994, the defendant entered into sale agreement with the plaintiff agreeing to sell the suit properties for a total sale consideration of Rs.87,000/- and on that day itself, the entire amount was paid by the plaintiff and the possession was also handed over to him. It is further stated that the plaintiff had spent

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