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2002 Supreme(Mad) 3

R.JAYASIMHA BABU, PRABHA SRIDEVAN
Arunachala Mudaliar – Appellant
Versus
Jayalakshmi Ammal and Another – Respondent


Advocates Appeared: For the Appellant:M.S.Subramanian, Advocate. For the Respondents: R1 - M.N.Padmanabhan, Sr. Counsel for M.N.Muthukumaran.

Judgment :-

PRABHA SRIDEVAN, J

The second respondent/first defendant owned the suit property. The appellant / second defendant claims to have purchased the property bona fide on 22-04-1982. Ex-B4 is the sale deed and Ex-B5 is the sale agreement dated 25-11-1981 that is said to have preceded it. On the other hand, the first respondent/plaintiff claims to be entitled to specific performance of the sale agreement Ex-A7 dated 06-02-1982, between her and the first defendant. The first defendant after filing the written statement remained ex parte. The Trial Court dismissed the suit. On appeal, the learned Single Judge granted a decree.

2. According to the plaint, on 03-08-1981, an agreement was entered into between the first defendant and the husband of the plaintiff for conveying the suit property for a price of Rs.24,410/-. A notice dated 1.1.1982 was issued by the plaintiff's husband and a suit was filed. Other suits for injunction and other reliefs were filed by the parties herein against each other. To purchase peace, a Panchayat was convened and the well-wishers of the village persuaded the plaintiff and the first defendant to cancel the agreement dated 03-08-1981 and to enter into








































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