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2023 Supreme(Mad) 1841

N. SATHISH KUMAR
S. Periyasamy – Appellant
Versus
C. Rengasamy – Respondent


Advocates appeared:
For the Appellant:S. Prabhu, M/s. V.K. Vijayaraghavan, Advocates. For the Respondents:R1, S. Anand Chandrasekar, M/s. Sarvabhauman Associates, R2 & R3, E.K. Kumaresan, Advocates.

JUDGMENT

(Prayer: Appeal Suit filed under Section 96 of the Civil Procedure Code against the disallowed portion of the decree and judgment made in O.S.No.50 of 2005, dated 6.10.2009, on the file of the District Judge, Karur.)

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

2. The parties are referred to as per their ranking before the trial Court.

3. The brief facts leading to the filing of the present appeal suit is as follows:

The defendant as a power agent of his brothers and their sons on their behalf and on his behalf had entered into a sale agreement with the plaintiff for the sale of property for a total sale consideration of Rs.13,50,000/- on 21.04.2004 and received a sum of Rs.2 lakhs as advance amount. The time agreed between the parties to complete the sale within six months from the date of sale agreement. It is the further stand of the plaintiff that the time agreed between the parties is only for document sake and not the essence of the contract. The Plaintiff is always ready and willing to perform his part of contract and is demanding the def

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