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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. Maria Clete, J
K.Soundarrajan – Appellant
Versus
K.Balasubramaniam Rep. by his guardian Indira – Respondent
| Table of Content |
|---|
| 1. appeals from trial court dismissal of specific performance. (Para 1 , 2) |
| 2. factual background of property shares and sale agreement dispute. (Para 3 , 4 , 5 , 6 , 7) |
| 3. trial court findings and parties' appeal contentions. (Para 8 , 9 , 10) |
| 4. rejection of additional evidence under order xli rule 27 cpc. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. proof of sale agreement execution and advance payment. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. failure to prove continuous readiness and willingness. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 32) |
| 7. refund of advance despite denying specific performance. (Para 33 , 34 , 35) |
COMMON JUDGMENT
1.The present appeals arise from the judgment and decree dated 20.09.2017 passed in O.S. No. 155 of 2014 on the file of the V Additional District Judge, Coimbatore, whereby the suit for the specific performance was dismissed and granted decree for the refund of the advance amount with interest.
2. For the sake of convenience, the parties are referred to as they were arrayed before the Trial Court. The plaintiff has preferred A.S. No.87 of 2018 challenging the dismissal of specific performance, while the defendants have preferred A.S. No.368 of 20
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