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1996 Supreme(SC) 1232

K.RAMASWAMY, G.B.PATTANAIK
Lourdu Mari David – Appellant
Versus
Louis Chinnaya Arogiaswamy – Respondent


ORDER

 This special leave petition arises from the judgment of the Division Bench of the High Court of Madras made on 12.6.1996 in LPA No. 72/91. The petitioner had filed O.S. No. 6/77 on September 10, 1980 before the Second Additional Sub-Judge at Pondicherry for specific performance of the agreement of sale dated October 18, 1976 to convey the property in possession as tenants under the agreement. It is their case that a sum of Rs. 31,000/- was sale consideration and a sum of Rs. 4,000/- and odd was paid as part consideration. The balance consideration was Rs. 28,500/-. He was always ready and willing to perform his part of the contract but the respondents were avoiding to execute the sale deed. Though the trial court found that respondents 1 and 2 committed breach of the agreement of sale but denied to them specific performance of the agreement on the ground that respondent No. 3 was a bona fide purchaser for value without notice of prior agreement with the petitioner. The petitioner filed the appeal in the High Court. Pending appeal, he died. Therefore, his legal representatives have come on record. The learned Single Judge by judgment and decree dated September 11, 1980 agreed








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