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2024 Supreme(Online)(MAD) 18610

HIGH COURT OF MADRAS
Honourable Mr Justice P.B. BALAJI
K.SAILENDRA KUMAR – Appellant
Versus
R.CHANDRASEKARAN – Respondent


Advocates:
Mr.K.V.Babu, Mrs.S.Hemalatha for D1, Mr.R.Thiagarajan & Mrs.Vasutha Thiagarajan for D2

J U D G M E N T

The suit has been filed for the relief of specific performance and permanent injunction. However, the second relief was given up by the plaintiffs.

2. The case of the plaintiffs:- The 1st plaintiff entered into an agreement of sale with the first defendant on 30.06.2008 for purchasing the suit schedule mentioned land alone for a sum of Rs.4 crores. On the date of the agreement of sale, the plaintiffs have paid an advance of Rs.24,50,000/-. The balance sale consideration was agreed to be paid within 12 months from the date of the said agreement of sale. Clause 4 of the agreement of sale dated 30.06.2008, states that in the event of the purchaser i.e., the first plaintiff paying Rs.1,50,00,000/- of sale consideration, the Vendor viz, the first defendant would hand over possession of the suit property, along with original title deeds to the plaintiffs.

3. It is the specific case of the plaintiffs that on 04.08.2008, on receipt of further advance of Rs.1.28 Crores, the first defendant handed over the original title deeds and also put the plaintiffs in vacant possession of the suit schedule mentioned property. It is the further case of the plaintiffs that apart from the abo

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