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(2007) 2 MLJ 403 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : S.J. Mukhopadhaya and F.M. Ibrahim Kalifulla, JJ.
Case Number(s) : O.S.A. No. 359 of 2001 and C.M.P. No. 13141 of 2004
Judgement Date :
Saturday 16th of December 2006
| A. Ganapathy | .....Appellant(s) | | Versus | | | S. Venkatesan | .....Respondent(s) |
Specific Relief Act (47 of 1963), Sections 20 and 22 — Suit for specific performance — No agreement in writing produced — Only a receipt for a specified amount alleged to be signed by vendor produced — Evidence adduced by the plaintiff found prevaricative and false — Held, no agreement to sell had been established — Mere production of a receipt for a specified sum from the vendor could not make out an agreement — Specific performance rightly denied by the Trial Court — Appeal dismissed.
Cases Referred
Sirigineedi Subbarayadu v. Kopanathi 1937 MWN 1158
S. V. R. Mudaliar (dead) by Legal Representatives v. Rajabu F. Buhari (Ms. ) (dead) by Legal Representatives AIR 1995 SC 1607
Smt. Mayawanti v. Smt. Kaushalya Devi (1990) 3 SCC 1
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