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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 21844 OF 2017 Arising out of SLP(C) No.2106 OF 2015
P. CHINNAPPA GOUNDER Appellant(s)
VERSUS
G. K. RAJALAKSHMI & ANR. Respondent(s)
O R D E R
R.BANUMATHI, J.
Leave granted.
The question falling for consideration in this appeal
is whether the appellant-plaintiff who was unsuccessful in
the suit for specific performance is entitled to refund of
the earnest money of Rs.4,00,000/- (Rupees Four Lakh only)
which was paid by him at the time of entering into an
agreement of sale dated 6.1.2001 to the 1st
respondent/defendant/the original vendor.
Based on the agreement of sale dated 6.1.2001, the
appellant-plaintiff has filed the suit for specific
performance and the suit came to be decreed by the Trial
Court. In the meanwhile, the 1st respondent sold the
property to the 2nd respondent/second defendant on 20.4.2001
that is, shortly after expiry of five days stipulated for
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completion of sale.
Being aggrieved by the decree for specific
performance, the second-respondent herein/subsequent
purchaser had filed the appeal before the High Court of
Madras, Madurai Bench, in A.S. No. 857 of 2003. The High
Court held that the 2nd respondent is a bona-fide purchaser
for value and that he had purchased the prop...