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IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.Muralishankar, J
T.A.Mariappan – Appellant
Versus
A.G.Loganath – Respondent
| Table of Content |
|---|
| 1. introduction of suit facts and prior proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. appellate scope concerning failure to challenge adverse findings. (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 3. enforceability of contracts and judicial discretion in specific performance. (Para 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. evidence assessment and proof of plaintiff's readiness. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
JUDGMENT
1.The Second Appeal is directed against the judgment and decree made in A.S.No.1 of 2019, dated 02.12.2019, on the file of VI Additional District Court, Madurai, reversing the judgment and decree, passed in O.S.No.389 of 2011, dated 27.09.2018, on the file of the Subordinate Court, Madurai.
2. The appellants are the defendants. The respondent/plaintiff filed the suit in O.S.No.389 of 2011, before the Principal Subordinate Court, Madurai, claiming the relief of specific performance of the sale agreement dated 04.01.2004 or in alternative for refund of the advance amount with interest.
3. For the sake of convenience and brevity, the parties will hereinafter be referred as per their status/ranking in their original suit.
4. The case of the plaintiff in b
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