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2001 Supreme(SC) 1256

B.N.AGARWAL, V.N.KHARE
A. Maria Angelena – Appellant
Versus
A. G. Balkis Bee – Respondent


ORDER

These are the appeals by the defendant-appellants.

2. The predecessor-in-interest of defendant-appellant Nos. 1-7 executed an agreement for sale of a house situated at Royapuram in the city of Madras for a sum of Rs.1,20,000. The plaintiff-respondent paid a sum of Rs. 5,000/- as earnest money. The agreement stipulated that the vendor shall give the vacant possession of the house to the vendee. It appears that in the year 1980, the vendor was successful in evicting the tenant from the first floor of the house. Immediately thereafter the plaintiff-respondent sent a notice to the vendor for executing the sale deed in pursuance of the agreement dated 6th April, 1979. It appears that the vendor evaded to execute the sale deed. In between time, the vendor died and is now represented by his legal representatives. Since the sale deed was not executed, the plaintiff-respondent brought a suit on the original side of the High Court of Madras for specific performance of agreement to sell. While the suit was pending the legal representatives of the vendor sold the said house to Ansari and Rahima Ansari, who are appellant Nos. 8 and 9 herein. The subsequent purchasers were also impleaded as








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