M.Mahesh S/o.V.Mylsamy vs V. Kanagaraj

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 887

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.MARIA CLETE
M.Mahesh S/o.V.Mylsamy – Appellant
Versus
V. Kanagaraj – Respondent

Advocates Appeared:
For the Appellant : Mr.V.Nicholas
For the Respondent: Mr.R.Nadhakumar

JUDGMENT :

1. This appeal is directed against the judgment and decree dated 24.06.2020 passed by the learned IV Additional District & Sessions Judge, Coimbatore, in O.S. No.408 of 2016.

2. The plaintiffs instituted the suit seeking specific performance of the agreement of sale dated 07.10.2013, and in the alternative, refund of the advance amount of Rs.15,00,000/-. The trial Court declined to grant either of the reliefs and dismissed the suit in its entirety. Aggrieved thereby, the plaintiffs has preferred the present appeal. For the sake of convenience, the parties are referred to according to their ranking before the trial Court.

3. Brief facts of the plaintiff’s case: The suit property belongs to the defendant. On 07.10.2013, the defendant entered into a registered agreement of sale with the plaintiffs, agreeing to sell the suit schedule property for a total consideration of Rs.15,50,000/-. A sum of Rs.15,00,000/- was paid as advance, and the time for completion of the transaction was fixed on 06.10.2016. Under the terms of the agreement, the defendant undertook to hand over the parent title deeds and revenue records and to execute the sale deed whenever called upon by the plaintif

Click Here to Read the rest of this document