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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.JOTHIRAMAN, J
Thirupurasundari D/o.Late Subramania Chettiar, Nithyamohan S/o.Late Subramania Chettiar – Appellant
Versus
R.Kumaran S/o.Rajendran, Lakshmiammal(died), V.B.Murali S/o.Balakrishna Chettiar, Manimohan S/o.R.S.Mani, M.Charumathi W/o.Mani Mohan, Arun Manohar S/o.Mani Mohan, M.Midhun Monohar S/o.Mani Mohan – Respondent
| Table of Content |
|---|
| 1. challenge to trial court's judgment on refund. (Para 1 , 2) |
| 2. details of agreement and payments made. (Para 4 , 8) |
| 3. arguments on privity of contract and acknowledgments. (Para 11 , 12) |
| 4. unjust enrichment principle applied to refund. (Para 17 , 24 , 25) |
JUDGMENT
Unsuccessful defendants 2 and 3 have preferred the present appeal challenging the judgment and decree dated 27.06.2019 passed in O.S.No.118 of 2011 on the file of IV Additional District Court, Tiruvallur at Ponneri, insofar as granting an alternate relief of refund of advance amount with interest is concerned. The plaintiff has not preferred any appeal against the dismissal of the suit for the relief of specific performance.
2. Suit is filed for specific performance of the contract or in alternative, to refund of the earnest money together with interest. The trial Court negatived the relief of specific performance and granted the alternative relief of refund of the advance amount with interest.
3. The parties are referred to as per their rankings in the trial Court.
4. The brief case of the plaintiff is as follows:
The plaintiff and the defendants 1 to 3 have entered into an agreement of sale on 01.08.2008. On
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