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2024 Supreme(Mad) 1049

P. B. BALAJI
Mahaveer Hemanth Bhandhari and Sons – Appellant
Versus
P. Srinivasalu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.P.Valliappan, Senior Counsel for Mr.N.Loganathan
For the Respondent: Mr.K.Elango

JUDGMENT :

THE HONOURABLE MR.JUSTICE P.B.BALAJI

Prayer : Second Appeal under Section 100 of Civil Procedure Code against the judgment and decree of the Additional District and Sessions Court, Chengalpattu dated 31.01.2019 in A.S.No.14 of 2011 confirming the judgment and decree of the Principal Subordinate Court at Chengalpattu dated 30.09.2010 in O.S.No.141 of 2007.

The defendants 2 and 3 in a suit for specific performance of an agreement of sale dated 19.12.2006 are the appellants in the present Second Appeal.

2. The parties are described as per their litigative status before the trial Court. The case of the plaintiff is that on 19.12.2006, he entered into an unregistered sale agreement with the defendants 1 to 3. The sale consideration mutually fixed was Rs.4,00,000/- and on the date of the execution of the sale agreement, a sum of Rs.1,00,000/- was paid as advance. According to the plaintiff, the sale agreement permitted the plaintiff to take possession of the property, fence the same and also form a layout for marketing the plots. The parties have agreed for 90 days period for concluding the sale transaction. According to the plaintiff, he was also ready and willing to pay the bala

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