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1976 Supreme(Mad) 324

T.RAMAPRASADA RAO, S.RATNAVEL PANDIAN
Kantilal C. Shah – Appellant
Versus
A. G. Devarajulu Reddiar – Respondent


Advocates:
N.S. Raghavan, for Appellant. V. Venkataraman, for Respondent.

Ramaprasada Rao, J.- The plaintiff who lost his suit for specific performance of a contrac of sale in O.S.No. 107 of 1968 on the filt of the Court of the Subordinate Judge Chingleput, is the appellant. Under, Exhibit A-1 dated 28th May, 1962 which was a registered agreement of sale, their plaintiff contracted to purchase acres and 68 cents of land belonging to the defendant for a sum and consideration of Ps.52,000. He paid a sum of Rs.12,000 advance thereunder. Contemporaneously, it would appear that the plaintiff’s wife and bis sister entered into two other agreements to purchase similar lands belonging to the defendant under two independent contracts with which we are not very much concerned in this case, excepting to refer to it at appropriate places in so far as it has an impact on the facts and circumstances of this case. The plaintiff’s case is that apart from the sum of Rs. 12,000 he paid a sum of Rs. 4,000 and a further sum of Rs. 1,000 on 25th August, 1964. and 21st January, 1965 respectively and notwithstanding the payment of Rs. 17,000 as above and in spite of his demands made for the due performance of the contract on the part of the defendant and although he was ready




























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