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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Jothiraman, J
K. Srinivasan – Appellant
Versus
A.K. Ponnusamy – Respondent
| Table of Content |
|---|
| 1. key issues framed by the trial court regarding the agreement. (Para 4 , 5 , 6) |
| 2. defendant's arguments against the validity of the sale agreement. (Para 7 , 8 , 9) |
| 3. court's observations on the need for evidence of readiness and willingness. (Para 10 , 12) |
| 4. conclusion affirming the lower court’s decree. (Para 17 , 18) |
JUDGMENT
Unsuccessful defendant has preferred this appeal suit. The Suit is filed for Specific Performance and the suit is decreed as prayed for. Aggrieved over the same, the defendant has preferred this appeal. For the sake of convenience, parties are referred to as per their rankings in the Trial Court.
2. Brief case of the plaintiff is as follows:
2.1. The suit schedule property belongs to the defendant. He agreed to sell the suit property to the plaintiff for Rs.7,00,000/- and received a sum of Rs.6,50,000/- as advance from the plaintiff. The plaintiff agreed to receive balance of Rs.50,000/- within 6 months and to execute the sale agreement, as per the agreement of sale dated 20.12.004, entered between the plaintiff and the defendant. The plaintiff is always ready and willing to perform his part of contract.
2.2. The plaintiff has been asking the
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