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2023 Supreme(Mad) 639

S. S. SUNDAR, P. B. BALAJI
Vijay Prabu – Appellant
Versus
S. T. Lajapathie – Respondent


Advocates appeared:
For the Appearing Parties:A.R.L. Sundaresan, Senioir Counsel Assisted by S. Kingston Jerold, S. Radha Gopalan, Advocates.

JUDGMENT

(Prayer: Appeal Suit filed under Section 96 r/w Order XLI, Rules 1 and 2 of the Code of Civil Procedure against the judgment and decree dated 18.02.2010 made in O.S.No.45 of 2008 on the file of the District Judge of Nilgiris at Udhagamandalam.

Appeal Suit filed under Section 96 r/w Order 41 Rule 1 of the Code of Civil Procedure against the judgment and decree dated 18.02.2010 made in O.S.No.45 of 2008 on the file of the District Judge of Nilgiris at Udhagamandalam.)

Common Judgment:

P.B. Balaji, J.

1. These two First Appeals are filed against the judgment and decree passed in O.S.No.45 of 2008, filed by the appellant in A.S.No.211 of 2013 as plaintiff, seeking specific performance of the agreement dated 07.11.2005 and for delivery of possession, with an alternate prayer for Rs.60,00,000/- together with interest at 12% per annum from the date of the filing of the suit.

2. The District Judge, Nilgiris at Oootacamud, in and by judgment and decree dated 18.02.2010, rejecting the prayer for specific performance, decreed the suit for a sum of Rs.20,00,000/- together with interest at 12% per annum, from the date on which the amounts were advanced.

3. The parties are described as per the

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