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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Murali Shankar, J
Selvin Kanagaraj – Appellant
Versus
Murugesan – Respondent
| Table of Content |
|---|
| 1. sale agreement details and plaintiff's claims (Para 2 , 4) |
| 2. defendant's defense against the sale agreement (Para 5 , 10) |
| 3. trial court's findings on the suit (Para 6 , 8 , 9) |
| 4. plaintiff's readiness to perform the contract (Para 14 , 38) |
| 5. judgment on specific performance relief (Para 46 , 52) |
JUDGMENT
The second appeal is directed against the judgment and decree made in A.S.No.71 of 2021, dated 09.11.2021 on the file of the Principal District Court, Tirunelveli, confirming the judgment and decree passed in O.S.No.110 of 2013, dated 16.10.2020, on the file of the Sub Court, Ambasamudram.
2.The appellant is the defendant. The respondent/plaintiff filed a suit in O.S.No.110 of 2013, on the file of the Sub Court, Ambasamudram, claiming the relief of specific performance of the sale agreement, dated 05.12.2012 or in alternative, to refund the advance amount with interest and costs.
3. For the sake of convenience and brevity, the parties hereinafter will be referred as per their ranking/status before the trial Court.
4.The case of the plaintiff, in short, is as follows :
a) The suit property originally belonged to one Simson Nadar, father of the defendant. The said Simson
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