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2003 Supreme(Mad) 1432

N.V.BALASUBRAMANIAN, T.V.MASILAMANI
Jayaraman (died) & Others – Appellant
Versus
Dalavai Nagarajan – Respondent


Advocates Appeared:For the Petitioner:Mr.V.K.Muthusamy, Sr.counsel for Mr.Meenakshisundaram. For the Respondents:R1 Mr.R.Ashokan, Advocate, N.A. for R3 & R4, R-2, Given up.

Judgment :-

N.V.BALASUBRAMANIAN, J.

This is an appeal filed by the defendants 2 to 5 in a suit for specific performance which was decreed by the learned Subordinate Judge, Dharapuram in O.S.No.136 of 1984, by judgment dated 22.7.1988.

2. The plaintiff is the first respondent in the appeal who instituted the suit for specific performance of the agreement of sale and for directing the defendants to deliver possession of the suit property to the plaintiff subject to the sixth defendant delivering possession of Door No.44-A on 1.3.1985 and for other reliefs found in the plaint. The case of the plaintiff is that the plaintiff and the first defendant entered into a written agreement of sale on 25.2.1984 wherein it was agreed that the first defendant would sell the suit property to the plaintiff for a consideration of Rs.1 lakh and a sum of Rs.20,000/- was paid as advance towards the sale price on the date of agreement itself. It is stated that three months time was fixed for the payment of balance of sale consideration of Rs.80,000/- for the execution of the deed of sale by the first defendant in favour of the plaintiff and for delivery of possession of the suit property. It is stated that



























































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