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2022 Supreme(Mad) 2758

P. VELMURUGAN
K. Rajendran – Appellant
Versus
K. Seenivasan – Respondent


Advocates appeared:
For the Appellant:S. Ramesh, Advocate. For the Respondent:T. Arul for R. Nandakumar, Advocate.

JUDGMENT

(Prayer: Appeal Suit is filed under Order XLI, Rule 1 and Sections 96 and 151 of the Code of Civil Procedure to set aside the decree and Judgment dated 23.02.2012 made in O.S.No.55 of 2010, on the file of the learned Additional District Judge, Fast Track Court, Dindigul.)

1. The respondent / plaintiff has filed O.S.No.55 of 2010 on the file of the learned Additional District Judge, Fast Track Court, Dindigul for specific performance and permanent injunction, wherein the appellant is the defendant.

2. The brief facts of the plaint are as follows:-

The suit property belongs to the defendant. The defendant had entered into a sale agreement with the plaintiff on 05.02.2010 for total sale consideration of Rs.20,20,000/- (Rupees Twenty Lakhs and Twenty Thousand Only). Out of which, the plaintiff has paid a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) as advance on the same day itself. It was agreed that after receipt of balance sale consideration of Rs.20,000/- (Rupees Twenty Thousand Only) from the plaintiff within a period of three months, the sale deed should be executed and registered. The plaintiff is always ready and willing to perform his part of the contract. Though

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