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 :

N. SATHISH KUMAR, J.

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.

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

3.Brief facts of the case are as follows :

A sale agreement, dated 25.07.2010, came to be entered between the plaintiff and the 1^st defendant for sale of the suit property at the rate of Rs.14,50,000/- per Acre. The total area agreed to be sold is 5.15 Acres. Further, it is also agreed between the parties that a sum of Rs.14,50,000/- per Acre will be paid as per the actual measurement. On the date of agreement, an advance of Rs.1,00,000/- has been paid