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2021 Supreme(Mad) 3446

A.D.JAGADISH CHANDIRA
V. Sivasankaran – Appellant
Versus
Pushpalatha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.G.Gomathisankar
For the Respondent: Mr.K.Govindarajan

ORDER :

1. The Civil Revision Petition has been filed by the defendant to set aside the order passed by the Trial Court dismissing the petition filed under Order 13 Rule 3 of the Code of Civil Procedure to reject the unregistered, unstamped sale agreement relied on by the plaintiff.

2. The brief facts of the case are as follows:

(i) The respondent/plaintiff had filed O.S.No.41 of 2011 seeking for specific performance directing the defendant to execute and register the sale deed in favour of the plaintiff in respect of the suit property as per the agreement of sale dated 15.07.2009 and in default, to register the sale deed on behalf of the defendant in favour of the plaintiff. The plaintiff had claimed that the defendant entered into an agreement of sale in respect of the suit property for a sale consideration of Rs.2,00,000/- on 15.07.2009 and on the same day, the plaintiff had paid a sum of Rs.1,95,000/- as advance to the defendant which was acknowledged by the defendant in the agreement and he had executed the agreement of sale in favour of the plaintiff and handed over possession of the suit property with all original parent documents in respect of the suit property to the plaintif

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