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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, K.Kumaresh Babu, JJ
Ponnammal (Died) 2. Chinnammal (Died) 3. Kannammal (Died) 4. Jayanthi 5. Suresh Kumar 6. Kandasamy 7. Boopathi 8. Shanthi – Appellant
Versus
T.K.Kandhaswamy (Died) – Respondent
| Table of Content |
|---|
| 1. legal context and parties involved. (Para 1 , 2 , 3 , 4) |
| 2. details of the agreement and payment. (Para 5 , 6 , 7 , 8 , 9) |
| 3. framing of issues for consideration. (Para 10 , 11 , 12) |
| 4. trial court's observations on readiness and willingness. (Para 13 , 14) |
| 5. changes in parties during appeal. (Para 15 , 16 , 17) |
| 6. arguments regarding performance of the agreement. (Para 18 , 19) |
| 7. defendant's contest against plaintiff's claims. (Para 20 , 21) |
| 8. points of consideration raised by the court. (Para 23 , 24 , 25) |
| 9. court's discretion and weighing of evidence. (Para 26 , 27 , 28 , 29 , 30) |
| 10. conclusion on the need for specific performance. (Para 31 , 32 , 33) |
| 11. final order of the court. (Para 34) |
JUDGMENT
(Judgment of the Court was delivered by C.V.Karthikeyan J.)
The first and second defendants and the legal representatives of the third defendant have filed the present appeal suit challenging the judgment dated 12.09.2011, in O.S.No.78 of 2009, on the file of the Principal District Court, Namakkal.
2.The suit in O.S.No.78 of 2009 had been filed by the respondent T.K.Kandhaswamy seeking the relief of specific performance of an agreement dated 10.06.2006 and directing the def
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