Ismail, J.-The plaintiff in C.S. No. 18 of 1968 on the original side of this Court is the appellant herein. Having regard to the narrow scope of the appeal, it is unnecessary to deal with the pleadings in detail which gave rise to certain other issues and controversies raised before the learned trial Judge, but which no longer survive before us.

2. The suit instituted by the appellant is one for specific performance of an agreement to sell the premises known as “Sea View” situate at No. 27, Santhome High Road, Mylapore, Madras, admittedly belonging to the respondent herein.

The respondent is the Managing Director of several mills situate in Coimbatore and other places. He is a permanent resident of Coimbatore, but was having the suit property for the purpose of his residence while going over to Madras. The case of the appellant was that she had advanced loans totalling a sum of Rs. 4,70,000 to the respondent herein by 24th December, 1966 made up of:

(1) A sum of Rs. 1,00,000 paid on 14th September, 1966;

(2) another Rs. 1,00,000 paid on 15th October, 1966;

(3) yet another Rs. 1,00,000 paid on 2?th November, 1966; and

The sum of Rs. 1,70,000 paid on 24th December, 1966.

The further case o

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