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2006 Supreme(Mad) 88

K.MOHAN RAM
Messrs. Ganesh Industries by its Sole Proprietor – Appellant
Versus
Bharath Rubber Company & Others – Respondent


Advocates Appeared: For the Appellant:V. Monohar, Advocate. For the Respondents:A.R. Nixon, Advocate.

Judgment :-

(Prayer: Appeal against the Decree and Judgment dated 5.12.1991 made in O.S.No.487 of 1987 on the file of the Principal Subordinate Judge of Coimbatore.)

The unsuccessful plaintiff in O.S.No.487 of 1987 on the file of the Principal Subordinate Judge, Coimbatore is the appellant in the appeal. For the sake of convenience, the parties are hereinafter referred to as per their array in the suit.

2. The suit was filed for directing the defendants to execute a sale deed in favour of the plaintiff, in respect of suit property at his cost and on his paying the balance sale price of Rs.25,000/-.

3. The trial Court dismissed the suit by judgment and decree dated 5.12.1991. Aggrieved by that, the plaintiff has filed the present appeal. The brief facts of the case as pleaded by the plaintiff are as follows:

The suit schedule property was originally owned by Kannappan @ K.S. Shanmugham and the first defendant entered into an agreement with him to purchase the said property in the year 1979. Thereafter, the first defendant represented by the second defendant agreed to sell the suit property to the plaintiff and in pursuance of the agreement, received a sum of Rs.5,001/- towards a part o
































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