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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable S. SOUNTHAR
G.Kannagi – Appellant
Versus
Karunakaran – Respondent
| Table of Content |
|---|
| 1. introduction of appeal and relief sought (Para 1) |
| 2. facts and pleadings about agreement and sale (Para 2 , 3 , 4) |
| 3. evidence recorded in trial court (Para 5) |
| 4. lower courts rulings and appeal context (Para 6) |
| 5. main argument on discharge of mortgage (Para 7) |
| 6. analysis of evidence and delay (Para 8 , 9 , 10) |
| 7. court conclusion on readiness and willingness (Para 11) |
J U D G M E N T
The unsuccessful plaintiff in the suit is the appellant. She filed a suit for Specific Performance of Sale Agreement dated 07.03.2003. The suit was dismissed by the Trial Court. The first appeal filed by the plaintiff was partly allowed and the First Appellate Court granted a decree for alternative relief of return of advance amount. Aggrieved by the dismissal of the suit in respect of the primary relief of Specific Performance, the plaintiff has come before this Court.
2. According to the plaintiff, she entered into a Suit Sale Agreement with 1st respondent for purchase of the agreement mentioned property for a sale consideration of Rs.6,00,000/- on 07.03.2003. As per the terms of agreement, the plaintiff paid advance amount of Rs.5,70,000/- on the date of agreement and she agreed to re
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