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    <title>2016 (11) TMI 1768 - MADRAS HIGH COURT</title>
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    <description>A buyer&#039;s claim for refund of advance money paid under an agreement for sale was treated as a claim to enforce payment of money secured by a statutory charge under Section 55(6)(b) of the Transfer of Property Act, 1882, so Article 62 of the Limitation Act applied and the suit was within limitation. The court also accepted proof of execution of the agreement through the attesting witness and scribe, and held that the defendants&#039; denial of signature, consideration, and genuineness was not supported by independent evidence. The plaintiff&#039;s entitlement to refund was therefore established, and the decree for refund was restored.</description>
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      <title>2016 (11) TMI 1768 - MADRAS HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=461467</link>
      <description>A buyer&#039;s claim for refund of advance money paid under an agreement for sale was treated as a claim to enforce payment of money secured by a statutory charge under Section 55(6)(b) of the Transfer of Property Act, 1882, so Article 62 of the Limitation Act applied and the suit was within limitation. The court also accepted proof of execution of the agreement through the attesting witness and scribe, and held that the defendants&#039; denial of signature, consideration, and genuineness was not supported by independent evidence. The plaintiff&#039;s entitlement to refund was therefore established, and the decree for refund was restored.</description>
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