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2003 Supreme(Mad) 2036

V.KANAGARAJ
R. Chinnadurai – Appellant
Versus
S. Rajalakshmi – Respondent


Advocates Appeared:For The Petitioner:R.T.Doraisami, Advocate. For The Respondents:A.K.Kumarasamy, Advocate.

Judgment :-

This Second Appeal is directed against the judgment and decree dated 29.3.1990 rendered in A.S.No.47 of 1990 by the Court of Additional District Judge, Erode thereby reversing the judgment and decree dated 15.4.1988 rendered in O.S.No.878 of 1987 by the Court of District Munsif, Sathyamangalam.

2. Tracing the history of the above second appeal coming to be preferred, what comes to be known is that the defendant is the appellant herein and the respondent herein has filed a suit for specific performance against the appellant in O.S.No.878 of 1987 on the file of the Court of District Munsif, Sathyamangalam praying for a decree directing the defendant to execute and register a sale deed for Rs.14,500/= over the plaint schedule properties in favour of the plaintiff, for delivery of possession and for costs on averments such as that the defendant is the owner of a site measuring 160 feet East-West and 70 feet North-South (5.00.5 Hect.) in S.F.86/1; that on 11.12.1981, the defendant had agreed to sell a common half share in the plaint schedule properties to the plaintiff for a total consideration of Rs.14,500/=; that an agreement of sale was executed and as per the terms and co







































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