G.K.ILANTHIRAIYAN
Gunasekar – Appellant
Versus
Balasubramaniam – Respondent
ORDER :
This civil revision petition is filed against the fair and decretal order of the Principal District Judge's Court at Villupuram, dated 21.12.2016 in IA.No.53 of 2015 in OS.No.119 of 2010, thereby dismissing the petition filed for rejection of plaint.
2. The petitioner is the second defendant and the respondent is the plaintiff. The respondent filed suit for specific performance on the strength of the agreement for sale dated 08.02.2003. While pending the suit, the petitioner filed petition for rejection of plaint and the same was dismissed. Aggrieved by the same, the present civil revision petition has been filed.
3. The learned counsel for the petitioner would submit that on the strength of the alleged agreement for sale dated 08.02.2003, the respondent issued notice on 14.07.2004, thereby called upon the petitioner to execute the sale deed on receipt of balance sale consideration. On receipt of summon, the petitioner issued reply notice on 22.07.2004 denying the very execution of sale agreement. Thereafter, only on 07.02.2009, the present impugned suit is filed for specific performance on the strength of the very same agreement for sale dated 08.02.2003 and as such the suit
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