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2022 Supreme(Mad) 297

C.V.KARTHIKEYAN
C. Ravichandran – Appellant
Versus
Subbulakshmi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N. Manokaran, Advocate.
For the Respondent:D. Chira Maragatham, Advocate.

JUDGMENT :

(Prayer: Appeal filed under Order 41 Rule 1 read with Section 96 of CPC, against the Judgment and Decree dated 18.04.2016 made in O.S.No. 160 of 2012 on the file of the learned I Additional District and Sessions Judge, Tiruppur.)

1. The plaintiff in O.S.No. 160 of 2012 on the file of the First Additional District and Sessions Court, Tiruppur, is the appellant herein.

2. O.S.No. 160 of 2012 had been filed seeking specific performance of an agreement of sale dated 12.09.2012 whereby the defendant had agreed to convey the property to which she was the absolute owner, namely, land and building at Tirupur in old Ward No.13, New No. 17 to the plaintiff for a total consideration of Rs.10/- lakhs. The agreement of sale was not registered. The plaintiff claimed that he had paid an advance of Rs.8/- lakhs towards part sale consideration at the time when the agreement was entered into and he had undertaken to pay the balance sale consideration of Rs.2/- lakhs within a period of 75 days and that it was covenanted that, on receipt of the said amount, the defendant should come forward to execute the sale deed. It was stated that the defendant had handed over the original title documents

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