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2024 Supreme(Mad) 346

G. ARUL MURUGAN
Nachimuthu (Died) – Appellant
Versus
Marimuthu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : A. Sundara Vadhanan.
For the Respondents: V. Sekar, D. Shivakumaran.

JUDGMENT :

G. ARUL MURUGAN, J.

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code against the judgment and decree dated 28.03.2011 passed in A.S. No. 49 of 2008 on the file of Additional District Court, (FTC No. I), Salem reversing the judgment and decree dated 29.01.2008 passed in O.S. No. 25 of 2006 on the file of Sub Court, Mettur.

1. The plaintiff in the suit for specific performance is the appellant herein. The Second Appeal is filed challenging the judgment and decree dated 28.03.2011 passed in A.S. No. 49 of 2008 on the file of Additional District Court, Fast Track Court No. I, Salem, reversing the judgment and decree dated 29.01.2008 passed in O.S. No. 25 of 2006 on the file of Sub Court, Mettur.

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

3. The brief facts, which give rise to the second appeal, are as follows:

    According to the plaintiff, the defendant offered to sell the suit property and he agreed to purchase the same for a sum of Rs. 2,70,000/- pursuant to the agreement dated 16.11.2005. The plaintiff entered into a sale agreement for purchasing the suit property for a total sale consideratio

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