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2026 Supreme(Online)(Mad) 26425

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Abdul Sulaiman Khan – Appellant
Versus
G.R.Devendrababu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.T.Raja
For the Respondents:Mr.M.Murali, Government Advocate for R2, Mr.Ilavarasu

Table of Content
1. summary of pleadings, trial, and trial court decree. (Para 1 , 2)

JUDGMENT

The 1st defendant in a suit for specific performance is the appellant.

2.Pleadings:

The Plaint in brief:

The 1st defendant is the owner of the suit property. The plaintiff entered into an agreement of sale on 31.01.2018 with the 1st defendant for purchase of the suit property, which is a vacant house site. The sale consideration was fixed at Rs.15,00,000/-. The plaintiff has paid an advance of Rs.5,00,000/- on the date of execution of the said agreement of sale. The 1st defendant had come forward to sell the property to meet his urgent family expenses. The balance sale consideration was payable only at the time of execution of the sale deed. In March 2018, the plaintiff informed the 1st defendant that he was ready to execute the sale deed and that the balance sale consideration was also available. The plaintiff pleads that he was ready and willing to perform his part of the contract. The plaintiff issued a lawyer’s notice on 31.03.2018. Despite receipt of notice, the 1st defendant has not come forward to honour his commitments. The plaintiff has also lodged the remaining sale consideration of

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