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1976 Supreme(Mad) 217

T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
Sakku Bai Ammal – Appellant
Versus
R. Babu Reddiar alias R. B. Reddiar and others – Respondent


Advocates:
P. S. Ramachandran, for Appellant.
K. Venkateswara Rao, Ramalinga Reddy and S. Jayakumar, for Respondents.

Ramaprasada Rao, J.- The plaintiff in O.S. No. 65 of 1967 on the file of the Court of the Subordinate Judge of Cuddalore is the appellant. The plaintiff sued for specific performance of an agreement of sale contained in Exhibit A-1 dated 10th June, 1965. Her case is that the first defendant, who is the father of defendants 2 to 7, entered into such an agreement of sale to sell the suit properties for a sum and consideration of Rs. 18,500. Under the said agreement, a sum of Rs. 8,001 was to be paid on the date of the registration of the agreement and the balance to be paid at the time of the registration of the sale-deed. A period of two years for performance of the contract was provided for. The agreement also provided that or default by the first defendant to execute the agreement in terms thereof, the plaintiff would be entitled to enforce the agreement by a suit and also recover damages from the first defendant. Expressly it was provided that if the plaintiff committed default, she should forfeit a sum of Rs. i,000 from the sum of Rs. 8,001 and the balance should be paid back by her with interest to the plaintiff. A separate agreement Exhibit A-5 was also entered into almost con











































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