IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
Alamelu – Appellant
Versus
Chandranathan – Respondent
| Table of Content |
|---|
| 1. overview of the dispute in the specific performance suit. (Para 1 , 2 , 3 , 4) |
| 2. arguments on readiness and willingness from both sides. (Para 8 , 9 , 11) |
| 3. discussion of the evidence presented and issues of possession. (Para 10 , 15) |
| 4. court observations on the delay impacting the plaintiff's claims. (Para 12 , 13 , 14) |
| 5. final ruling on the appeal. (Para 16) |
JUDGMENT
The second defendant in a suit for specific performance is the appellant.
The first respondent herein filed a suit for specific performance of sale agreement and also for permanent injunction. The suit was decreed by the trial court. The first appeal filed by the second defendant was also dismissed. Hence, the appellant/2nd defendant has come before this court by way of second appeal.
2. According to the first respondent/plaintiff, the plaintiff and the first defendant in the suit are brothers. The first defendant in the suit purchased the agreement mentioned property from one Kathavaraya Gounder S/o. Subbaraya Gounder under sale deed dated 06-12-1985. He agreed to sell the suit property to the plaintiff for sale consideration of Rs.30,000/- and executed a sale agreement on 19-02-1991. On the date of
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