M. Vijayakumar vs V. Subba Reddy (Died)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 3845

S. S. SUNDAR, N. MALA
M. Vijayakumar – Appellant
Versus
V. Subba Reddy (Died) – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr.Baijai Sundar for Mr.D.T.Janardhanon
For the Respondent: Mr.M.Selvaraju for M/s.P.V.Ravikumar

JUDGMENT :

N.MALA, J.

Prayer: Appeal Suit is filed under Section 96 of the Code of Civil Procedure, to set-aside the Judgment and Decree dated 09.11.2011 in O.S.No.101 of 2010 on the file of the Principal District Judge at Thiruvallur.

This appeal is filed to set-aside the Judgment and Decree dated 09.11.2011 passed in O.S.No.101 of 2010 on the file of the Principle District Judge at Thiruvallur.

2. The appellant is the plaintiff in the suit in O.S.No.101 of 2010 on the file of the Principal District Judge, Tiruvallur. The parties will be referred to as per their rank in the Trial Court.

PLEADINGS:

3. The brief facts giving rise to the present appeal are that the plaintiff approached the defendant who is the owner of the suit property, for sale of the suit property in his favour. The plaintiff and the defendant entered into an agreement for sale on 08.10.2008, where under the sale consideration was fixed at Rs.26,50,000/- and an amount of Rs.10,00,000/- was paid as advance by the plaintiff to the defendant. Among other terms and conditions of the Agreement the plaintiff agreed to pay the balance of sale consideration within 90 days of the agreement. According to the plaintiff the defenda