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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI, J
A.Prabhakar – Appellant
Versus
R.Vijaya (Died) – Respondent
| Table of Content |
|---|
| 1. background facts of the case regarding the sale agreement. (Para 1 , 2 , 3) |
| 2. arguments from both sides about readiness and willingness. (Para 6 , 7 , 8 , 9) |
| 3. court's analysis on evidence relevant to the agreement. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. legal standards concerning suppression and performance. (Para 18 , 19 , 20) |
| 5. final decision made in favor of the appellant. (Para 22 , 23) |
JUDGMENT
The plaintiff in the suit for specific performance is the appellant, aggrieved by the concurrent findings rendered by the trial Court as well as the appellate Court, dismissing the suit for specific performance.
2.The brief facts that are necessary for disposal of the Second Appeal are as hereunder:
2.1.The plaintiff entered into a registered agreement of sale with the deceased sole defendant on 23.01.2017, for purchase of the suit property, for a total sale consideration of Rs.7,60,000/-. A sum of Rs.4,91,000/- was paid as advance on the date of agreement of sale. The balance sale consideration of Rs.2,69,000/- was agreed to be paid at the time of execution of the sale. The agreement stipulated 22.06.2017 as the date within which the agreement was to be performed, by exe
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