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2023 Supreme(Mad) 1018

S. S. SUNDAR, A. A. NAKKIRAN
U. Venkatesan – Appellant
Versus
Susila – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms.K.Abhirame for Mr.V.Raghavachari
For the Respondent: Mr.R.Subramanian, Mr.B.Ravi

JUDGMENT :

S.S.SUNDAR, J.,

Prayer:- Appeal Suit filed under Section 96 r/w Order 41 Rule 1 of C.P.C., against the judgment and decree dated 28.06.2013 made in O.S.No.18 of 2011 passed by the learned Principal District and Sessions Judge, Ariyalur.

1. The plaintiff in the suit in O.S.No.18 of 2011 on the file of the learned Principal District and Sessions Judge, Ariyalur is the appellant in the above appeal.

2. The appellant filed the suit in O.S.No.18 of 2011 for the specific performance of an Agreement of Sale dated 04.06.2008 and for other consequential reliefs.

3. It is the specific case of the appellant that the suit property measuring an extent of 1.21.5 hectares [3 acres] in S.No.180/3 at Telur Village in Ariyalur Taluk is the absolute property of defendants, and they entered into an Agreement of Sale dated 04.06.2008 for selling the suit property at the rate of Rs.10,000/- per cent. It is stated that an advance of Rs.2,00,000/- was paid as acknowledged under the Agreement of Sale and that the parties had agreed to perform the contract within four months from the date of the Agreement of Sale. It is the case of the appellant that, on enquiry, the appellant came to know that the Go

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