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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.K.Ramakrishnan, J
S.M.Sivagnanam – Appellant
Versus
Rajendran – Respondent
| Table of Content |
|---|
| 1. suit facts and trial proceedings on disputed sale agreement. (Para 2 , 4) |
| 2. issue of law and parties' submissions. (Para 5) |
| 3. court upholds forgery finding and evidence appreciation. (Para 7 , 8) |
| 4. dismissal for lack of substantial question of law. (Para 9) |
JUDGMENT
The appellant, who was the plaintiff in O.S. No. 43 of 2005 on the file of the Principal Subordinate Judge, Tenkasi, has preferred the present Second Appeal.
2. The suit was instituted for specific performance based on a sale agreement dated 01.04.2003. According to the plaintiff, the defendant agreed to sell the suit property for a total consideration of Rs.1,55,000/-, out of which a sum of Rs.1,50,000/- was paid as advance. A period of six months was stipulated for payment of the balance amount of Rs.5,000/-. It is the further case of the plaintiff that, upon the defendant’s failure to execute the sale deed, a legal notice dated 07.03.2005 was issued, followed by the filing of the suit on 24.03.2005 seeking specific performance, and in the alternative, refund of the advance amount. 3. The defendant, resisting the suit, denied the execution of the sale agreement in toto. It was contended that there was
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