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1991 Supreme(Ker) 294

KRISHNAMOORTHY
Ambikakumari – Appellant
Versus
Ramakrishnan – Respondent


Judgment :-

Defendants in a suit for realisation of balance sale consideration are the appellants. Shorn of unnecessary details, the facts of the case areas follows: According to the plaintiff, he entered into an agreement of sale with the defendants of 22-6-1981 for selling the plaint schedule property, 3 cents of land and an unfinished building therein, for a total consideration of Rs.16,000/-. It was provided in the agreement that

Rs.4000/- was paid as advance on that day. But, as a matter of fact, only Rs. 100Q/- was paid to the plaintiff and the balance Rs.3000/- was reserved with the defendants for paying off a debt due from the plaintiff to the Development Corporation for Scheduled Castes and Scheduled Tribes. Original period of the agreement was up to 22-9-1981 and according to the plaintiff it was extended till 18-12-1981. Plaintiff alleged that by undue influence and fraud the defendants got executed a sale deed Ext. A2 on 21-12-1981 in which the sale consideration was fixed at Rs.10,000/-. According to the sale deed an amount of Rs.7000/- was paid before the Sub Registrar and the balance Rs.3000/- was reserved with the defendants to pay off the debt due from the plaintif





















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