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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
T.Balasubramanaian – Appellant
Versus
C.Thanga Pandian – Respondent
| Table of Content |
|---|
| 1. the nature of the suit and the agreement involve specific performance. (Para 2) |
| 2. plaintiff’s position and the defense against the sale agreement. (Para 3 , 4 , 5) |
| 3. court's considerations on potential collusion and agency validity. (Para 8 , 9 , 10) |
| 4. findings on the validity of the sale agreement and adequacy. (Para 12 , 16) |
| 5. final decision on appeal and confirmation of lower court judgment. (Para 22) |
JUDGMENT
(By G.R.Swaminathan, J.)
This appeal is directed against the judgment and decree dated 24.09.2021 made in O.S.No.48 of 2016 on the file of the Additional District Court, Dindigul. The third defendant is the appellant herein. It was a suit for specific performance. The Court below by the impugned judgment and decree directed the plaintiff to deposit the balance sale consideration of Rs.26,50,000/- and on receipt of the same, the defendants 1 to 3 were directed to execute a sale deed in favour of the plaintiff in respect of their 2/3rd share in the suit property as per the sale agreement.
2.The case of the plaintiff is as follows:-
The suit property belonged to Thirumalaisamy Gounder. He passed away intestate in the year 2009 leaving behind seven legal heirs (s
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