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2021 Supreme(Online)(MAD) 49290

HIGH COURT OF MADRAS
Hon`ble Ms.Justice P.T.ASHA
A.ZYALUDEEN – Appellant
Versus
SMA.SAIT – Respondent


ORDER

The jurisdiction of this Court under Article 227 of the Constitution of India has been invoked by the defendant to strike of the plaint in O.S.No.25 of 2021 on the ground that the pleadings lack the averments as contemplated under Section 16(c) of the Specific Relief Act, 1963 and that the suit is barred by limitation. Apart from this, the petition is also moved on the ground that the agreement dated 08.08.2017 is a forged document.

2.The brief facts, necessary to consider this revision, are as follows:-

2.1.The respondent/plaintiff had filed the suit in O.S.No.25 of

2021 for the following reliefs:-

“m) tHf;F brhji; j thjpf;F gpujpthjp fpiuag;gjj; puk; gjpe;J bfhLff; cj;jutpl;Lk.; gpujpthjp mt;thW gjpe;J bfhLf;f jtWk; gl;rjj; py; rK:fk; nfhh;l;lhh; mth;fns thjpfF; tHf;F brhji; j fpiuak; gjpe;J bfhLf;f Vjthf cjj; utpl;Lk;.

3.It is the case of the plaintiff that on 08.08.2017, the plaintiff and the defendant had entered into an agreement in and by which, the plaintiff had agreed to purchase the suit property for a total sale consideration of Rs.6,50,000/- and on the date of agreement, a sum of Rs.5,00,000/- was paid and the balance sum of Rs.1,50,000/- was to be paid before the year

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