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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. Maria Clete, J
E. Rajeswari – Appellant
Versus
R. Venugopal – Respondent
| Table of Content |
|---|
| 1. contextualizing the appeal against a previous decree. (Para 1 , 3 , 4) |
| 2. issues borne from the trial court's findings on the sale transaction. (Para 5) |
| 3. court's rationale challenges regarding refund validity. (Para 7 , 8) |
| 4. arguments concerning repayment under loan classification. (Para 10 , 12) |
| 5. determining the court's rejection of appeals related to the decree. (Para 13 , 14 , 15 , 16) |
| 6. concluding the dismissal of the suit. (Para 21 , 22) |
JUDGMENT
This appeal is directed by the defendant against the judgment and decree dated 05.12.2017 passed in O.S. No. 24 of 2017 on the file of the II Additional District Court, Salem, insofar as the trial Court granted a money decree directing the defendant to pay Rs. 13,00,000/- with interest at 7.5% p.a. from the date of suit till realization, while rejecting the suit for specific performance and refund.
2. For the sake of convenience, the parties are referred to as they were arrayed before the Trial Court.
3. The case of the Plaintiff: The plaintiff filed the suit for specific performance in respect of the scheduled house-site properties, pleading that the defendant had acquired title under the registered sale deed dated
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