P. Dharmichand vs C.M. Kamal Kamala Bai (since deceased)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 295

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.GOVINDARAJAN THILAKAVADI
P. Dharmichand – Appellant
Versus
C.M. Kamal Kamala Bai (since deceased) – Respondent

Advocates Appeared:
For the Appellant :Mr. E.Om Prakash, Senior Advocate for Mr. E. Senthilkumar of M/s. Sampathkumar and Associaties
For the Respondent: Mr. K.V. Ananthakrushnan

JUDGMENT :

K. Govindarajan Thilakavadi, J.

This Second Appeal is preferred as against the decree and judgment dated 15.03.2021 passed in A.S. No.25 of 2018, on the file of the II Additional District Court, Vellore @ Ranipet, confirming the Judgment and decree dated 23.07.2018 passed in O.S. No.168 of 2010, on the file of the Sub Court, Ranipet, Vellore.

2. The present Second Appeal is preferred by the 2^nd defendant in the above suit. The 1^st respondent as plaintiff filed the above suit for specific performance of contract of sale agreement and alternatively to refund the advance amount of Rs.2,75,359/- to the plaintiff by the defendants together with future interest at 18% per annum and for costs.

3. The facts leading to filing of the above suit are as follows:

3.1. The 1^st defendant is the absolute owner of the suit property. She entered into a sale agreement with the plaintiff to sell the suit property for a valid consideration of Rs.7,70,000/- on 18.04.2008 to meet out her medical expenses. On the date of agreement, the 1^st defendant received a sum of Rs.2,70,000/- and agreed to receive the balance amount of Rs.5,00,000/- at the time of registration of sale deed. Since the 1^st defend