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1992 Supreme(Mad) 207

BELLIE, THANIKKACHALAM
R. Velammal – Appellant
Versus
R. Daivasigamani and Others – Respondent


Appearing Advocates:R. Sundaravadan, E. Padmanabhan, Advocates.

Judgment :-

THANIKKACHALAM, J.

The defendant is the appellant herein. The first plaintiff is the brother-in-law of the second plaintiff. The third plaintiff is the co-brother of the first plaintiff. The plaintiffs filed O.S. 118 of 1983 for specific performance of the sale agreement dated 13-7-1980. The case of the plaintiffs is as under :- The defendant agreed to sell her property to the plaintiffs under a sale agreement dated 13-7-1980 for a sum of Rs. 2, 35, 000/-. On the date of the execution of the sale agreement a sum of Rs. 1 lakh was paid by way of advance by the plaintiffs to the defendant. Among the plaintiffs the first plaintiff agreed to purchase half of the suit property and plaintiffs 2 and 3 agreed to purchase 1/4th share each in the suit property. In pursuance of the above said agreement possession of the property was handed over to the plaintiffs. According to the sale agreement dated 13-7-1980 the sale transaction should be completed within one year from the date of the agreement. Since a suit filed by one Mehaboob Bivi against the defendant was pending, the sale transaction could not be completed within the period stipulated in the agreement. Hence, the parties ag


















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