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1997 Supreme(Mad) 958

K.GOVINDARAJAN
Amirtham – Appellant
Versus
Subbian and others – Respondent


Appearing Advocates:Mr.D. Rajendran, for Mr.S.M. Loganathan, Advocate for the Appellant. Mr.R. Gandhi, Senior Counsel, for Mr.R.G. Narendran, M/s.Peppin Fernando, Advocate for the Respondents.

Judgment :-

1. The plaintiff who failed before the lower court in O.S. No. 509 of 1981 on the file of the I Additional Subordinate Judge, Coimbatore has filed the above appeal.

2. According to the plaintiff, as stated in the plaint, the suit property belonged to the second defendant-society originally and the first defendant purchased the same from the society under the coveyance deed dated 18.3.1974 and he became the absolute owner of the property. That on 6.3.1980 the plaintiff entered into an agreement with the first defendant to purchase the property for a sum of Rs.33,000 and she paid a sum of Rs.6,000 as advance. As per the terms of the agreement, the plaintiff has to pay the balance amount of Rs.27,000 to the first defendant within a period of four months from the date of execution and the first defendant has to execute the sale deed in favour of the plaintiff or to her nominees. It was further agreed that the plaintiff has to pay the amenity charges to the second defendant, and, for that purpose one has to become a member of the Society. The plaintiff remitted a sum of Rs.260 to the second defendant-society on 19.5.1980 and became a member of the Society. The first defendan






























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