D. Murugan vs G.Vijayan - 2026 Supreme(Mad) 836

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 836

IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, R.SAKTHIVEL
D. Murugan – Appellant
Versus
G.Vijayan – Respondent

Advocates Appeared:
For the Appellant : Mr.S.Vijayaraghavan
For of Respondent: Ms.K.M.Valsala Kumari, Mr.Babu Rangasamy

Table of Content
1. factual background of the sale agreement and initial payments. (Para 1 , 3 , 4)
2. contentions regarding plaintiff's willingness and contractual terms. (Para 10 , 15)
3. court's findings on readiness, willingness, and necessity of legal heirs' consent. (Para 12 , 18 , 19)
4. final instation on contract enforcement and decree setting aside. (Para 21 , 23 , 24)

JUDGMENT :

Challenging the decree and judgment passed by the learned Principal District Judge, Krishnagiri, in O.S.No.39 of 2012, dated 06.01.2015, granting specific performance, the present appeal has been filed by the 1^st defendant in the suit.

3.Brief facts of the case are as follows :

4.Admitting that there is a sale agreement, it is the contention of the1^st defendant that the 2^nd defendant has also got a share in the property. It is his contention that it was agreed to sell only S.No.460/1, whereas, in the plaint, the plaintiff has sought for enforcement of contract in respect of S.Nos.458/2 and 472. Further, it is his contention that, though he has entered into an agreement, it was agreed that sale can be executed only when his daughter/2^nd defendant consents for such sale, since she was residing at Chicago,