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2006 Supreme(Mad) 3509

V.DHANAPALAN
Mohideen Sahib – Appellant
Versus
A. Amena Bi & Others – Respondent


Appearing Advocates: For the Appellant:R. Devaraj for S.M. Loganathan, Advocates. For the Respondents: R4, K. Govindarajan for M/s. Sarvabhauman Associates.

Judgment :-

1. The unsuccessful plaintiff, who filed a Suit for specific performance of agreement dated 01.07.1989 and lost his case in the First Appellate court as well, is the appellant herein.

2. The case of the plaintiff; in brief, is that the defendants 1 to 3 before the Trial Court who are the respondents 1 to 3 herein, entered into a sale agreement dated 01.07.1989 with him for sale of the suit property for a consideration of Rs.3,240/- and the said consideration was also received by them, agreeing to execute the Sale Deed within a period of one year. On knowing that the defendants 1 to 3 tried to alienate the suit property, the plaintiff issued an advertisement on 07.08.1989 in `Maalai Murasu' daily. Subsequently, having known that the defendants 1 to 3 have sold the suit property to the fourth defendant, the plaintiff filed the Suit for specific performance of the sale agreement dated 01.07.1989.

3. In their written statement, the defendants I to 3, first of all denied the agreement dated 01.07.1989. It was their case that the suit property did not belong to them on 01.07.1989 and it belonged to one Abdul Razak, the husband of the first defendant. According to them, they had































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