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2023 Supreme(Mad) 3214

P. B. BALAJI
M. Rangasamy – Appellant
Versus
Appachi @ Appaji – Respondent


For the Appellant :R. Srinivas, Senior Counsel, S. Adaikkappan @ Sithiraianandam, Advocate. For the Respondents:V. Ragavachari, Senior Counsel, R. Ramesh, C. Dinesh Kumar, M. Prasanth, N. Umapathi, P.G. Gurusamy, Advocates, Dr. S. Suriya, AGP.

JUDGMENT

(Prayer: Second Appeal filed under Section 100 of C.P.C against the judgment and decree dated 12.06.2003 made in A.S.No.50 of 2002 on the file of I Additional District Court, Coimbatore in reversing the judgment and decree dated 30.04.2001 made in O.S.No.131 of 1990 on the file of Sub- Ordinate Court at Tiruppur.)

1. The unsuccessful plaintiff in a suit for specific performance is the appellant before this Court.

2. The case of the appellant, as plaintiff in the suit was that the suit property belong to defendants 1 and 2 who had purchased the same from Srinivasa Naidu and others in and by sale deed dated 14.07.1978. The plaintiff entered into a sale agreement with the defendants 1 and 2 for a total sale consideration of Rs.68,539/- in respect of 7 acres out of total 8.96 acres owned by defendants 1 and 2. According to the plaintiff, he paid an advance of Rs.10,000/- and the balance was agreed to be paid on or before 01.02.1990 and thereafter the sale deed was to be executed. Though the plaintiff was ready and willing to pay the balance sale consideration according to the plaintiff, the defendants 1 and 2 were evading to execute the sale deed and demanding an e

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