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2021 Supreme(SC) 192

L.NAGESWARA RAO, S.RAVINDRA BHAT
A. R. Madana Gopal Etc. Etc. – Appellant
Versus
Ramnath Publications Pvt. Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Raghavendra S.Srivatsa, Advocate, Mr.Venkita Subramoniam T.R., Advocate, Ms.Komal Mundhra, Advocate, Mr.Rahat Bansal, Advocate, Mr.Likhi Chand Bonsle, Advocate
For the Respondent:Mr. Nikilesh Ramachandran, Advocate

JUDGMENT :

L. NAGESWARA RAO, J.

1. These Appeals are filed against the judgment of the Division Bench of the Madras High Court by which a decree for specific performance passed by the learned Single Judge was reversed.

2. The Appellants filed four suits for specific performance of the agreements of sale dated 20.03.1991 and Memoranda of Understanding (MOU) dated 24.01.1994. In addition, the Appellants prayed for a direction to the Respondents to deliver vacant possession of the schedule property, a decree of permanent injunction restraining the Respondents from alienating or encumbering the suit property and a decree of mandatory injunction to deposit the title deeds with the Court. It was alleged in the plaints that the Respondent entered into separate agreements with the Appellants who belong to the same family for sale of property situated at Door No.325, Arcot Road, Vadapalani, Chennai on 20.03.1991. As per the terms of the agreement, the sale was to be concluded within a period of four months. The Respondents would produce the encumbrance certificate much before the execution and registration of the sale deeds. The Respondents should also obtain the income tax clearance certifica

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