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2023 Supreme(Mad) 1735

N. SATHISH KUMAR
R. Ramesh – Appellant
Versus
Packiam – Respondent


Advocates appeared:
For the Appellant:S. Meenakshi Sundaram, Senior Counsel, T. Arivukumar, Advocate. For the Respondents:R1 to R3, R. Balakrishnan, R5, M.P. Senthil, Advocates, M/s. N. Krishnaveni, Senior Counsel.

JUDGMENT

(Prayer: This Appeal Suit is filed under Order 41 Rule r/w Section 96 of C.P.C. against the judgment and decree dated 23.06.2015 passed in O.S.No.57 of 2006, on the file of I Additional District Court, Tirunelveli.

1. Aggrieved over the dismissal of the suit filed for specific performance, the present appeal came to be filed by the unsuccessful plaintiff.

2. For the sake of convenience, the parties are referred to herein, as per their own ranking before the Trial Court.

3. The brief facts, leading to the filing of this Appeal, are as follows:-

3.1. The defendants 1 to 3 are the owners of the property. The first defendant agreed to sell her undivided half share in favour of the plaintiff for a total sale consideration of Rs.9,60,000/- and executed a unregistered sale agreement on 31.05.2006, and the 1st defendant has received a sum of Rs.10,000/- as advance and it was agreed between the parties that the time for stipulation for the contract is three months. Thereafter on 05.08.2006, the plaintiff has paid a sum of Rs.1 laksh as further advance to the first defendant. Similarly, the defendants 2 and 3 also executed an agreement on 31.05.2006 in respect of their undi

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