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1975 Supreme(Mad) 374

M.M.ISMAIL
Ramaswamy Gounder – Appellant
Versus
K. M. Venkatachalam and others – Respondent


Advocates:
T.R. Ramachandran, K. Chandramouli, T.R. Rajagopalan and K.V. Rajan, for Appellant.
V. Krishnan, for Respondents.

JUDGMENT.- The tenth defendant in O.S. No. 93 of 1968 on the file of the Court of the Subordinate Judge of Salem is the appellant herein. Admittedly respondents two to ten herein entered into an agreement for the sale of certain immovable property for Rs. 15,500 under Exhibit A-1 dated 14th October, 1967 in favour of two individuals. The first respondent herein obtained an assignment of that agreement from those two individuals under Exhibit A-2 dated 25th October, 1967. It is on the strength of this assignment that the first respondent instituted the present suit for specific performance of the agreement under Exhibit A-1. The appellant herein, who was the tenth defendant in the suit, was the purchaser of 2/3 of the suit property under Exhibit B-9 dated 27th February, 1968 from defendants 1 and 3. According to the first respondent, the appellant herein Was a subsequent transferee with knowledge of the existence of the agreement, Exhibit A-1, and therefore the sale in his favour would not be binding on him (first respondent). The first respondent stated in his plaint that an advance of Rs. 1,500 was paid on the date of Exhibit A-1, that the balance of consideration to be paid was R



























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