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2022 Supreme(Online)(MAD) 1051

HIGH COURT OF MADRAS
Hon`ble Ms. Justice P.T. ASHA
AMMANI – Appellant
Versus
MUTHAYA – Respondent


ORDER

The defendants 1 and 2 are before this Court challenging the dismissal of their application to reject the Plaint in O.S.No.18 of

2020 on the file of the learned Principal District Judge, Perambalur.

2.The facts in brief are as follows:

The respondent herein had filed O.S.No.18 of 2020 on the file of the learned Principal District Judge, Perambalur, seeking recovery of a sum of Rs.2,91,60,000/- with interest @12% per annum and to create a charge upon the schedule properties. The said sum was due towards the advance amount paid by the plaintiff for the purchase of the suit schedule properties. The plaintiff and the defendants 1 to 9 had entered into an Agreement of Sale dated 28.10.2008. Though the plaintiff was ready to pay the balance amount and to get the document executed the defendants had failed to perform their obligations in measuring the properties and demarcating the same.

The plaintiff had also paid the expenses for the same. Later, when the properties were measured there was a dispute from the adjoining land owner regarding pathway. As the purpose for the purchase of the property was for forming a layout of house sites the plaintiff wanted to resolve the disputes with r

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