1976 Supreme(Mad) 692
T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
Arunachala Thevar and others – Appellant
Versus
Govindarajan Chettiar and others – Respondent
Advocates:
T.R. Ramachandran, for T.R. Rajagopalan and T.R. Rajaraman, for Appellants.
R. Gopalaswamy Iyengar, for K. Raman, M. Srinivasan and R. Gopalaratnam, for Respondents.
Ratnavel Pandian, J.- The unsuccessful plaintiffs in O.S. No. 41 of 1969 on the file of the Sub-Court, Thanjavur, are the appellants. They filed the suit against the respondents-defendants 1 to 4 for specific performance of an agreement of sale, by directing them to execute one sale deed in favour of the first plaintiff in respect of items 1 to 36 of plaint A schedule and another sale deed in favour of the second plaintiff in respect of items 1 to 21 of plaint B schedule, for possession of the said items of properties with future mesne profits and for costs. As per the plaint allegations defendants 1 to 3 owners of the plaint schedule properties: entered into an agreement on 10th March, 1968 with the first plaintiff under Exhibit A-1, agreeing to sell an extent of 14 acres 52½ cents for a consideration of Rs. 500 per month and execute the sale deed on or before 10th September, 1968. On the said date of agreement, the first plaintiff paid an advance of Rs. 2,000. It is alleged that it was also provided in the said agreement that in case defendants 1 to 3 failed to execute the sale deed on the stamp papers to be furnished by the first plaintiff and register the sale deed within the p
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