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2022 Supreme(Mad) 220

C.V.KARTHIKEYAN
T. Padmavathi – Appellant
Versus
P. Balamurugan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:R. Nalliyappan, Advocate
For the Respondent:K.S. Karthik Raja, Advocate

JUDGMENT :

(Prayer: Appeal filed under Order XLI Rule 1 and Section 96 C.P.C., against the Judgment and Decree dated 14.03.2018 in O.S.No. 268 of 2016 on the file of III Additional District Court, Salem.)

1. The defendant in O.S.No. 268 of 2016 on the file of the III Additional District Court, Salem is the appellant herein.

2. O.S.No. 268 of 2016 had been filed by the respondent seeking specific performance of an agreement of sale dated 29.09.2014 which had been entered into between the respondent and the appellant herein.

3. On consideration of the evidence adduced, by Judgment dated 14.03.2018, the suit was decreed. Questioning such decree, the defendant had filed the present First Appeal.

4. For the sake of convenience, the parties shall be referred to as they were referred before the trial Court, namely, as plaintiff and defendant. The appellant was the defendant and the respondent was the plaintiff.

5. In the plaint, it had been contended that the property, namely, land and building measuring 2551 sq.ft., in Patta No. 152, S.No. 4.54, Dadagapatti Village, Salem, belonged to the defendant, who was the beneficiary of a registered Gift Deed dated 26.06.2009 registered as Document No. 3

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