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2023 Supreme(Mad) 873

S. S. SUNDAR, P. B. BALAJI
P. M. Chandrasekaran – Appellant
Versus
D. Chitra – Respondent


Advocates appeared:
For the Appellant :Hema Sampath, Senior counsel, P. Navaneethakrishnan, Advocate. For the Respondents: R1, R. Kannan, V. Regunathan, Advocats, R2, Served No appearance.

JUDGMENT

(Prayer: Appeal Suit filed under Section 96 and Order 41 Rules 1 and 2 of CPC against the judgment and decree made in OS.No.78/2011 dated 13.08.2015 on the file of the learned I Additional District Judge, Tirupur, Tirupur District.)

S.S. Sundar, J.

(1) The appellant in the above appeal is the plaintiff in the suit in OS.No.78/2011 on the file of the I Additional District Court, Tirupur.

(2) Brief facts that are necessary for the disposal of this appeal are as follows.

(3) The appellant filed the suit in OS.No.78/2011 for specific performance of a Sale Agreement dated 29.07.2010 and for consequential reliefs.

(4) It is the case of the appellant that the suit property comprising of land and buildings belongs to the 1st defendant and that the 1st defendant agreed to sell the suit property for a total sale consideration of Rs.25 lakhs. It is the further case of the appellant that the agreement was reduced to writing and as per the Agreement dated 29.07.2010, the 1st defendant received an advance of Rs.18 lakhs and that the parties mutually agreed that the balance of sale consideration shall be paid by the plaintiff on or before 28.03.2011 and that the 1st defendant, upon receipt of

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