S.JAGADEESAN, D.MURUGESAN
Garuda Chit and Trading Co. P. Ltd. & Others – Appellant
Versus
Coramandel Indag Products P. Ltd. – Respondent
(S.Jagadeesan,J)
The appeal is against the judgment and decree dated 1.6.1993 in C.S.No.287 of 1982 granting the relief of specific performance in favour of the respondent. The respondent herein filed the said suit for specific performance of an agreement of sale dated 28.8.1981 entered into between the respondent and the first appellant, represented by the appellants 2 and 3. The case of the respondent is that the first appellant, represented by their Director Mr.T.V. Raghavan negotiated for the sale of the building and vacant site at No.46, Cathedral Road, Madras-86 belonging to the first appellant herein. After the terms were agreed, on 28.8.1981 an agreement of sale was signed on behalf of the respondent by its Director Mr.T.V. Raghavan and on behalf of the first appellant by its General Manager and Power Holder Mr.K.S. Hari. On the date of the said agreement a sum of Rs.2 lakhs was paid to the first appellant by way of advance and the sale consideration was fixed at Rs.82 lakhs. The suit agreement was entered into pending investigation of the title of the first appellant in respect of the suit property. The terms of the suit agreement would reveal that the first app
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