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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. Sounthar, J
Dhanalakshmi – Appellant
Versus
Selvi – Respondent
| Table of Content |
|---|
| 1. dispute over sale agreement execution and intent as loan security. (Para 3 , 4 , 5 , 6 , 7) |
| 2. prior unregistered agreement unexplained, suggests security. (Para 8 , 9 , 10) |
| 3. lack of continuous readiness defeats specific performance. (Para 11 , 12 , 13) |
JUDGMENT
This Second Appeal is filed to set aside the judgment and decree dated
20.06.2022 made in A.S.No.65 of 2019 on the file of the Principal District Judge, Tiruppur, reversing the judgment and decree dated 08.02.2019 made in O.S.No.421 of 2016 on the file of Subordinate Judge, Avinashi.
2. Heard the learned counsels for both sides and also perused the materials available on record.
3. The unsuccessful plaintiffs 3 & 4 are the appellants. The appellants predecessor Subbathal filed a suit for specific performance of the agreement dated 17.10.2002. Pending suit, Subbathal died and her legal heirs / appellants were brought on record. The suit was decreed by the Trial Court and on First Appeal filed by the respondent / defendant, the First Appellate Court reversed the findings of the Trial Court and dismissed the suit in so far as the primary relief of specific performance is concerned. The First Appellate Court gra
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