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2022 Supreme(Mad) 400

G.CHANDRASEKHARAN
N. Munisamy – Appellant
Versus
V. Mohana – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.A.R.Suresh, for Mr.J.Muthukumaran
For the Respondent: Mr.Thirumalai Balaji for Mr.P.Subba Reddy

JUDGMENT :

This Second Appeal is filed challenging the Judgment and decree of the learned Principal District Judge, Krishnagiri in A.S.No.35 of 2018 reversing the Judgment of the learned Subordinate Judge, Hosur in O.S.No.60 of 2012.

2. The appellant/plaintiff filed a suit for specific performance of contract on the basis of sale agreement, dated 23.03.2009 alleged to have been executed by the respondent/defendant in favour of the appellant for possession of the suit property and for costs.

3. The case of the appellant, in brief, is as follows:

    The suit property belongs to the respondent. She purchased the suit property as a house site on 27.09.2007 and then she constructed a building in the suit property. The respondent and her husband approached the appellant offering to sell the suit property due to their urgent need of funds to discharge sundry debts and meet their urgent expenses. Upon agreeing to purchase the suit property, negotiation was conducted in the presence of middlemen. The sale price was fixed at Rs.5 lakhs. The Sale agreement was entered into between the appellant and the respondent on 23.03.2009. Upon paying the advance amount of Rs.2 lakhs, the period for completion

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