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2022 Supreme(Mad) 1148

N. ANAND VENKATESH
Ponnusamy – Appellant
Versus
Govindan – Respondent


Advocates appeared:
For the Appellant:Chithra Sampath, Senior Counsel, D. Ramesh Kumar, Advocate. For the Respondents:S. Subramaniam, Advocate.

JUDGMENT

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the decree and judgment dated 23.12.2011, made in A.S.No.16 of 2011 by the learned Subordinate Judge, Dharmapuri, confirming the judgment and decree dated 07.12.2010 made in O.s.No.71 of 2006 by the learned District Munsif at Palacode.)

1. The plaintiff is the appellant in this Second Appeal.

2. The case of the plaintiff is that the suit property belonged to the 2nd defendant. The 1st defendant is the husband of the 2nd defendant. According to the plaintiff, the defendants entered into a registered agreement of sale with the plaintiff dated 01.08.2001 (Ex.A1). As per the agreement, the total consideration was fixed as Rs.45,000/- and the defendants received an advance amount of Rs.35,000/- and the balance Rs.10,000/- has to be paid within a period of 23 months and the Sale Deed must be executed in favour of the plaintiff. Subsequently, the plaintiff paid the balance amount of Rs.10,000/- and a registered Sale Deed 18.07.2003 (Ex.A2) was executed in favour of the plaintiff. It is further claimed that the possession was handed over and the revenue records were also transferred in the name of t

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