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2024 Supreme(Online)(MAD) 7096

HIGH COURT OF MADRAS
Hon`ble Mr Justice P.B. BALAJI
R. SURESH – Appellant
Versus
N. NASURUALLAH – Respondent


JUDGMENT

The unsuccessful plaintiff in a suit for specific performance under a registered sale agreement is the appellant before me.

2. The trial Court had initially accepted the case of the plaintiff and decreed the suit. However, on appeal, the First Appellate Court reversed the findings of the trial Court and proceeded to dismiss the suit. The present Second Appeal has been preferred as against the said reversal findings rendered by the First Appellate Court.

3. The parties are described as per their litigative status before the trial Court.

4. The plaintiff claims the relief of specific performance under a registered agreement of sale dated 19.03.2010. The agreement discloses that the parties have negotiated a sale consideration of Rs.1,40,000/- and on the date of the agreement, the defendant received an advance of Rs.1,25,000/- and a period of 11 months was fixed for completion of the sale transaction. The plaintiff issued a lawyer's notice on 15.07.2011, calling upon the defendant to execute the sale deed on 29.07.2011. However, on receipt of the said notice, the defendant approached the plaintiff and requested two months time to execute the sale deed and on 29.07.2011, the plai

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