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2022 Supreme(Mad) 304

S.KANNAMMAL
P. Palani – Appellant
Versus
K. B. Venkatesan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M/s. S. Suseela Devi, Advocate.
For the Respondent:M. Balamurugan, Advocate.

JUDGMENT :

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, for setting aside the fair and dereetal order dated 03.07.2017 passed in unnumbered O.S.No....of 2017 in 19 Register No.3090 dated 13.04.2017 on the file of the District Judge, Tiruvannamalai, to number and dispose.

1. This Civil Revision Petition has been filed against the fair and decretal order dated 03.07.2017 passed in unnumbered O.S.No....of 2017 in 19 Register No.3090 dated 13.04.2017 on the file of the District Judge, Tiruvannamalai, to number it and dispose of the suit on merits.

2. The petitioner herein is the plaintiff. He filed a suit for specific performance against the respondent herein, who is the defendant. An alternative plea for refund of the advance amount was also prayed.

3. The case of the petitioner/plaintiff is that he entered into a sale agreement in respect of the suit schedule property with the respondent/ defendant herein on 06.07.2015 for total consideration of Rs.17,00,000/-. On the date of agreement, the petitioner/plaintiff has paid Rs.15,00,000/- to the respondent/defendant as advance and also agreed to pay the balance of sale consideration of Rs.2,00,000/- t

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