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1997 Supreme(Mad) 1254

S.M.ABDUL WAHAB
S. M. Gopal Chetty – Appellant
Versus
Raman Alias Natesan and Others – Respondent


Appearing Advocates:D. Rajagopalan, T. V. Sivakumar, Advocates.

Judgment :-

S. M. ABDUL WAHAB, J.

The Second Appeal has been filed by the unsuccessful plaintiff in the lower appellate court. The suit is for specific performance of an agreement said to have been executed on 19-10-1973 for the sale of 4.16 acres in Survey No. 275 in Naiyapakkam Village for Rs. 1, 040/-. From the said date, he has been in possession after payment of a sum of Rs. 100/- as advance. He has been paying kist also. Again on 17-1-1974 another agreement was entered into, as the sale could not be completed as per the earlier agreement. After the second agreement, the third defendant using his influence has obtained the sale deed for the very same property from the defendants 1 and 2, on 20-2-1974. The sale deed is invalid. Hence the plaintiff is entitled for specific performance of sale. Defendants 1 and 2 supported the case of the plaintiff. The third defendant alone contested the suit. According to him, the agreements dated 19-10-1973 and 17-1-1974 are not valid agreements. They are not true documents at all. The sale in his favour is genuine. From the date of sale, he is in possession of the suit property

2. The trial court has granted the decree a prayed for. During the








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