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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N. SATHISH KUMAR, J
Selvaraj – Appellant
Versus
Pappathi – Respondent
| Table of Content |
|---|
| 1. appeal concerns the trial court's judgment on specific performance. (Para 2 , 8) |
| 2. defendant's arguments against the plaintiff's readiness and willingness. (Para 4 , 6 , 11 , 12) |
| 3. court examines evidence and intent behind the agreement. (Para 9 , 10 , 25) |
| 4. legal requirements for proving readiness and willingness outlined. (Para 18 , 20 , 21) |
| 5. court's final decision on alternate relief for the return of the advance amount. (Para 34 , 36) |
JUDGMENT
Aggrieved over the judgment and decree of the Trial Court decreeing the suit for specific performance, the present appeal is filed.
2. The parties are arrayed to as per their own ranking before the Trial Court.
3. Brief facts on the case is as follows:
3.a. The defendant has agreed to sell the suit property to the plaintiff for a sale consideration of Rs.15 lakhs out of which, Rs.10 lakh was received as an advance from the plaintiff and executed a sale agreement dated 26.05.2015. It is agreed between the parties that the sale shall be completed within one year from the date of the sale agreement. The plaintiff was ready and willing to perform his part of contract and contacted the defendant to execute the sale deed in favou
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