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2005 Supreme(Mad) 1101

R.BANUMATHI
Shahidunissa – Appellant
Versus
Muthaliff & Others – Respondent


Advocates Appeared:For The Petitioner:T. Murugamanickam, Advocate. For The Respondents:R2 and R3, R. Tholgappian, Advocate.

Judgment :-

This revision is directed against the order dated 30.1.2002, made in I.A. No.723/1999 in O.S. No.235/1999 by the Principal District Munsif, Salem, dismissing the petition filed under Or.22 R.4 CPC, declining to implead the legal representatives of the deceased Defendant/Abdul Lathif Noori. The Plaintiff is the Revision Petitioner.

2.Plaintiff has filed the suit for Specific Performance. Case of the Plaintiff is that the Defendant entered into an oral agreement of sale of vacant site - suit property in Alagapurampudur within the Salem Corporation Limit in S.No.164/3. Oral Agreement was entered into on 16.01.1993. Sale price was fixed at Rs.13,216/-. Oral Agreement was concluded in the presence of one Balusami Naidu and one Visvanathan. According to the Plaintiff, she has paid an advance of Rs.5000/-, by way of Cheque dated 30.01.1993, drawn on Salem District Cooperative Central Bank, Cherry Road. Plaintiff and the Defendant have further agreed that the Sale Deed should be taken at an early possible date on the payment of balance of sale consideration of Rs.8,216/-. The Plaintiff was always ready and willing to perform her part of the contract. She has been requesting the



























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