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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. MARIA, J
K.SRINIVASAN – Appellant
Versus
P.RAJU (Died) – Respondent
| Table of Content |
|---|
| 1. introduction of appeal and parties (Para 1 , 2) |
| 2. plaintiff's claim and defendants' response (Para 3 , 4 , 5 , 6) |
| 3. trial court's ruling on plaintiff's readiness (Para 8 , 9) |
| 4. defendants' arguments against specific performance (Para 10 , 11 , 12 , 13 , 14) |
| 5. assessment of continuous readiness and willingness (Para 15 , 20) |
| 6. contract certainty and performance obligation (Para 23 , 24 , 26) |
| 7. lis pendens and bona fide purchaser rule (Para 27 , 28) |
| 8. consequential reliefs against legal heirs (Para 30 , 31) |
| 9. final judgment and dismissal confirmation (Para 33 , 34) |
J U D G M E N T
This First Appeal is preferred by the 2nd defendant / purchaser against the judgment and decree dated 30.06.2020 made in O.S. No. 69 of 2011 on the file of the IV Additional District & Sessions Judge, Coimbatore, whereby the suit for specific performance and permanent injunction was decreed in favour of the plaintiff.
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 sought specific performance of the sale agreement dated 13.08.2010 (Ex. A2) and consequential permanent injunction. According to h
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