IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
E.Mohanasundari – Appellant
Versus
V.Periyar Brain – Respondent
| Table of Content |
|---|
| 1. petitioner sought title deeds return, alleging improper plaintiff actions. (Para 1 , 2) |
| 2. court found no irregularities in the plaintiff's retrieval of the title documents. (Para 3 , 4) |
O R D E R
The first defendant filed a suit for specific performance; the revision petitioner is the first defendant. The first defendant filed an application under Order XIII Rules 8 and 9, Order XXII Rule 10, and Section 151 of C.P.C. , r/w Section 55 of T.P. Act , for return of original title deeds, which were filed in the suit for specific performance.
2. It is the categorical case of the revision petitioner/first defendant that though the plaintiff in the suit was for specific performance of an agreement as against the revision petitioner/first defendant, the relief of specific performance was declined, and refund of advance together with interest alone was ordered in favour of the plaintiff. It is further contended by the learned counsel for the petitioner/first defendant that in compliance with the decree, the entire refund of advance has been made by depositing the same to the credit of the suit, and the plaintiff has also withdrawn the same.
3. It is the grievance of the pet
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