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1995 Supreme(SC) 720

N. P. Thirugnanam – Appellant
Versus
R. Jagan Mohan Rao – Respondent


Advocates:
C.CHINNASWAMY, S.SRINIVASA VARMA

ORDER

1.Petitioners are the legal representatives of N. P. Thirugnanam, the plaintiff who had entered into an agreement of sale with the first respondent for himself and on behalf of his mother, brothers and sisters as General Power of Attorney holder to alienate the house property in Madras city for a total consideration of Rs. 2,30,000/- and paid a sum of Rs. 10,000/- as advance. Till date of execution of the sale-deed, he came into possession as a tenant agreeing to pay a sum of Rs. 1,650/- per month as rent. He laid the suit for specific performance with the averments that the respondents have evaded to execute the sale deed. The respondents pleaded that they were ready and willing to perform their part of the contract and the plaintiffs did not even pay Rs. 20,000/- further advance as contracted by December, 1979 to discharge the mortgage debt due to the Madras Corporation. The amount of Rs. 20,000/- was adjusted towards the rent payable with consent. On adduction of evidence and consideration thereof, the single Judge of the High Court found that the plaintiff was not ready and willing to perform his part of the contract giving diverse reasons. On appeal in OSA No. 195/83 date










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