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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, K.Rajasekar, JJ
T.Meyyappan – Appellant
Versus
C.Selvan – Respondent
| Table of Content |
|---|
| 1. facts about the agreement and background (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. parties' arguments regarding performance and readiness (Para 19 , 20 , 21 , 22 , 23 , 24 , 25) |
| 3. court's analysis of validity and performance of agreement (Para 26 , 28 , 29 , 30 , 31 , 32 , 34 , 35 , 36) |
| 4. determination of necessary legal principles regarding agreements (Para 40) |
The defendants in O.S.No.23 of 2016 on the file of the III Additional District Court, Gopichettipalayam at Erode, aggrieved by the judgment and decree dated 06.08.2018 have filed the present Appeal Suit.
2.The suit in O.S.No.23 of 2016 had been filed by the respondent, C.Selvam, seeking specific performance of an agreement of sale or in the alternate to refund the advance amount of Rs.33,42,000/- together with interest and also future interest till realization and also to create a charge over the suit properties as security for the recovery of the advance amount and also for costs of the suit.
3.By judgment dated 06.08.2018, the suit was decreed, necessitating the defendants, T.Meiyappan and T.Venugopalan to file the present appeal.
O.S.No.23 of 2016 ( III Additional District Court, Gopichettipalayam at Erod
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