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2024 Supreme(Online)(MAD) 17763

HIGH COURT OF MADRAS
Hon`ble Mr Justice ABDUL QUDDHOSE
B.DILLI – Appellant
Versus
S.KANDASAMY – Respondent


JUDGMENT

This appeal has been filed by the plaintiff in O.S.No.2 of 1999, renumbered as O.S.No.96 of 2009, aggrieved by the order of remand dated 16.10.2019 passed by the lower appellate court in A.S.No.60 of

2011.

2. The plaintiff in the suit is the appellant herein. The respondents

1 to 3 herein are the defendants 1 to 3 in the suit. The respondents 4 to 7 are the legal heirs of the deceased fourth defendant in the suit.

3. The suit was filed for specific performance of agreement of sale dated 20.10.1997. The plaintiff claims that they entered into an agreement of sale dated 20.10.1997 with the defendants 1 to 3 for purchase of the suit schedule by paying sale consideration of Rs.30,000/- as advance and was also ready and willing to pay the balance sale consideration as per the sale agreement.

4. According to the plaintiff, the defendants 1 to 3 failed to perform their part of the contract by executing the sale deed after receiving the balance sale consideration from the plaintiff. According to the plaintiff, since the defendants 1 to 3 failed to execute the sale deed, he was constrained to file a suit in O.S.No.2 of 1999, renumbered as O.S.No.96 of 2009, on the file of the Sub-Court,

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