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1991 Supreme(Mad) 579

ABDUL HADI, VENKATASWAMY
P. A. K. A. Shahul Hamid – Appellant
Versus
A Abdul Rashid Khan (died) and others – Respondent


Appearing Advocates:For the Petitioner:--- For the Respondent:----

Judgment :-

Abdul Hadi, J.:

This appeal by the plaintiff is against the dismissal of his suit O.S.No.1710 1979 on the file of the I Additional Subordinate Judge, Erode, praying for specific performance of the sale agreement dated 8.11.1978 by respondents 1 to 11 defendants 11 and for possession thereof or in the alternative for specific performance of the agreement by respondents 1 to 9 by executing a sale deed over their 5/6th share in the properties and for receiving proportionate consideration and for partition and separate possession of the said 5/6th share.

2. The allegations made in the plaint may be summarised as follows: The abovesaid property was allotted to one Aziz Khan by order dated 27.11.1969 in L.P.A.No.72 of 1965. On death, his heirs under Muslim Law, viz., respondents 1 to 11 inherited the said property. While so, on 8.11.1978, respondents 1 to 11 entered into an agreement with the plaintiff sale of the said property to him at the rate of Rs.20 per square foot of the ground area the said property and received a sum of Rs.2,000, as advance. The said agreement provided that respondents should obtain certified copies of the orders of the various proceedings, culminati

























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