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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, K. RAJASEKAR, JJ
GOPAL – Appellant
Versus
SAVI DEVADASS – Respondent
| Table of Content |
|---|
| 1. facts of suit and appeal filed for specific performance (Para 2 , 3) |
| 2. appellant's challenge and reliance on amended section 10 (Para 4 , 5) |
| 3. analysis of unregistered agreement and payment history (Para 7 , 8 , 9 , 10) |
| 4. application of section 16(c) and assessment of readiness and willingness (Para 11 , 12 , 13 , 14) |
| 5. final verdict dismissing appeal and confirming trial court decree (Para 15) |
The unsuccessful appellant/plaintiff has filed this appeal challenging the dismissal of their suit for specific performance of the agreement dated 19.08.1998.
2. The appellant/plaintiff's case is that the defendant was allotted the suit property via a partition deed dated 12.08.1996. After taking possession, the defendant approached the appellant/plaintiff, expressing an urgent need for money. To fulfill the defendant's financial need, the appellant/plaintiff expressed willingness to purchase the property. Accordingly, a sale consideration of Rs. 35,00,000/- was agreed upon, and an agreement to that effect was entered into on 19.08.1998, with the appellant/plaintiff paying Rs. 30,00,000/- as advance. The defendant also agreed to hand over all original documents. However, upo
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