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2023 Supreme(Mad) 1437

R. HEMALATHA
Basavaraj – Appellant
Versus
Narayanappa – Respondent


Advocates appeared:
For the Appellant:V. Srimathi, Advocate. For the Respondents:P. Mani, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 CPC, 1908 against the decree and judgment dated 11.06.2009 passed in A.S. No.6 of 2008, on the file of the Principal District Judge, Krishnagiri, reversing the decree and judgment dated 06.12.2007 passed in O.S. No.74 of 2005, on the file of the Subordinate Judge, Hosur.)

1. The appellant is the plaintiff in O.S. No.74/05 on the file of the Subordinate Judge, Hosur. He filed the suit for specific performance of contract against the respondents 1 and 2.

2. For the sake of convenience, the parties are referred to as per their ranking in the trial court and at appropriate places, their rank in the present appeal would also be indicated.

3. The brief facts of the case of the plaintiff are as follows:

i. The defendants approached the plaintiff for selling the suit property for a sale consideration of Rs.1,10,000/-

ii. The sale agreement was executed and registered on 19.09.2002 by the defendants in Document No.948/02 of Rayakottai Sub Registrar Office.

iii. The plaintiff paid a sum of Rs.1,04,000/- towards advance on the date of sale agreement. It was agreed between the parties that th

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