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2022 Supreme(Mad) 2238

P. T. ASHA
K. P. Shanmugam – Appellant
Versus
Mylathal – Respondent


Advocates appeared:
For the Appellant:A.E. Ravichandran, Advocate. For the Respondent:A.K. Kumarasamy, Senior Counsel, S. Arjun, Advocate.

JUDGMENT

(Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the Judgement and Decree dated 30.01.2019 made in A.S.No.76 of 2014 on the file of the Principal Subordinate Judge, Coimbatore, confirming the Judgement and Decree dated 20.06.2013 made in O.S.No.832 of 2007 on the file of the I Additional District Munsif, Coimbatore.)

The unsuccessful defendant before the Courts below is the appellant before this Court. The suit in question is one seeking specific performance of an agreement of sale dated 12.10.2003. The facts in brief necessary for disposing of the above Second Appeal is herein below narrated. The parties are referred to in the same litigative status as before the Trial Court.

2. The suit schedule property originally belonged to the defendant. On 12.10.2003, the defendant had entered into an agreement of sale with the plaintiff promising to sell the suit property for a total sale consideration of Rs.30,600/-. On the date of the agreement, the defendant had received a sum of Rs.15,000/- as advance and the time for performance was fixed at 3 months from the date of the agreement. Thereafter, on 10.01.2004 the time was extended for a furth

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