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2023 Supreme(Mad) 3018

S. SOUNTHAR
S. Chellamuthu (Died) – Appellant
Versus
P. Subramani – Respondent


Advocates appeared:
For the Appellant:P. Valliappan, Senior Advocate for S.M.S. Shriram Narayanan, Advocate. For the Respondents:R1, P. Mani, Advocate.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure, against the judgment and decree of the Principal District Judge's Court at Namakkal, dated 03.04.2017 in A.S.No.31 of 2015 confirming the Judgment and Decree of the Subordinate Judge's Court at Tiruchengode, dated 24.07.2015 in O.S.No.140 of 2010.)

1. The sixth defendant in the suit is the appellant. The suit for specific performance filed by the first respondent was decreed by the trial Court. The appeal filed by the defendants 1 & 6 was dismissed. Aggrieved by the same, the sixth defendant filed this Second Appeal.

2. According to the first respondent/plaintiff, the respondents 2 to 5 are the owners of the property covered by the sale agreement. They executed a general power of attorney in favour of the deceased first defendant Chellamuthu and he entered into a sale agreement with the first respondent on 27.01.2006 agreed to sell the property covered under the agreement for a sale consideration of Rs.1,25,000/-.

3. The first respondent paid an advance amount of Rs.1,00,000/- on the date of agreement itself and the balance of Rs.25,000/- was agreed to pay within 1 ½ years (on or before 26.07.2007).

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