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2024 Supreme(Mad) 2666

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R.SWAMINATHAN
Arumugasamy – Appellant
Versus
Selvaraj – Respondent


Advocates Appeared:
For the Appellant : M. Vallinayagam
For the Respondent: M. Prabu

JUDGMENT :

G.R. SWAMINATHAN, J.

1. The plaintiff in the suit is the appellant in this second appeal. O.S.No.14 of 2011 on the file of the Sub Court, Kovilpatti was filed for specific performance. According to the plaintiff, the defendants and himself entered into a registered sale agreement on 16.04.2008. As per the terms of the agreement, the sale consideration was fixed at Rs.9,90,000/-. Rs.7,00,000/- was paid as advance. Three months was fixed for performance of the agreement. While so, on 21.10.2008, the defendants sent legal notice revoking the sale agreement. Thereupon, the plaintiff issued reply notice on 04.11.2008. The suit came to be filed on 23.03.2009. The balance amount of Rs.2,90,000/- was deposited to the credit of the suit on 11.4.2009. The defendants filed written statement controverting the plaint averments. The defendants also filed additional written statement in which it was stated that there was an unregistered sale agreement executed on 16.04.2008 itself and that the actual sale consideration was Rs.38,00,000/-. The defendants contended that the plaintiff has not approached the court with clean hands. The defendants however conceded that a sum of Rs.15,00,000/-

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