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2004 Supreme(Mad) 397

M.CHOCKALINGAM
G. Lakshmi Ammal & Others – Appellant
Versus
Ayyadurai – Respondent


Advocates Appeared:For The Petitioners:K.P.Gopalakrishnan, Advocate. For The Respondent:R.Subramanian, Advocate.

Judgment :-

The first defendant and the legal representatives of the deceased second defendant in a suit for specific performance are the appellants herein. Though the defence plea was accepted by the trial court, the same was reversed by the first appellate court, wherein a decree for specific performance was granted in favour of the plaintiff. Hence, this second appeal has been brought forth.

2. The following short facts are noticed in the pleadings of the parties:

The first defendant was the owner of the lands described in the schedule to the plaint. She has entered into an agreement of sale on 3.11.1985 with the plaintiff. She has agreed to sell the suit lands to the plaintiff for a consideration of Rs.18,250/- and received an advance of Rs.5001/-. As per the sale agreement, the first defendant agreed to receive the balance sale consideration of Rs.13,250/- before the Sub Registrar, Kancheepuram and register the sale deed in favour of the plaintiff on 20.11.1985 and deliver possession of the same. Though the plaintiff was waiting at the Sub Registrar's Officer at Kancheepuram as agreed between the parties, the first defendant did not turn up. The plaintiff has been all along will














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