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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
S.Balaji – Appellant
Versus
Prabakaran (died) – Respondent
| Table of Content |
|---|
| 1. facts of suit for specific performance and trial proceedings (Para 2 , 3 , 4 , 5) |
| 2. appellant's arguments on time not essence (Para 7) |
| 3. court analysis of delay and lack of readiness proof (Para 8 , 9 , 10) |
| 4. appeal dismissed without costs (Para 11) |
JUDGMENT
The unsuccessful plaintiff in a suit in O.S.No.400 of 2007 is the appellant herein.
2. The appellant/ plaintiff filed the above said suit seeking specific performance of the sale agreement dated 26.05.1994 and it was dismissed by the trial court. The findings of the trial court were affirmed by the first appellate court in A.S.No.19 of 2018 filed by the plaintiff. Aggrieved by the concurrent findings of the courts below, the plaintiff has come before this court by filing the present second appeal.
3. According to the appellant/plaintiff, the suit property belonged to the respondents/defendants and he entered into a sale agreement with them on 26.05.1994 to purchase the suit property for a sale consideration of Rs.43,500/- and he paid a sum of Rs.3,500/- as advance on the date of sale agreement itself. As per the terms of the sale agreement, the sale transaction had to be completed within six month time by paying
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