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1991 Supreme(Mad) 817

JANARTHANAM
Jayakanthi Rathina Sabapathi – Appellant
Versus
G. S. D. Prasad & Another – Respondent


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

Judgment :-

The civil revision petitioner herein, namely, Jayakanthi Rathinasabapathy, was the first defendant.

2. Respondents 1 and 2, namely, G.S.D.Prasad and Dayalan were respectively the plaintiff and the 2nd defendant.

3. The plaintiff filed the suit in O.S.No.643 of 1986 on the file of the First Additional Sub Judge, Pondicherry, seeking specific performance and other reliefs.

4. The averments in the plaint disclosed that the first defendant entered into an agreement with the plaintiff on 5.12.1977 for the sale of the suit property for consideration of Rs.94,400. On the date of the agreement, she received an advance of Rs.21,000 agreeing to receive the balance in instalments, as and when the sales in part took place or if it takes place in bulk, otherwise also. As par the agreement, she agreed to execute the sale deed of the property in favour of the plaintiff or in other third party at his instance. The 2nd defendant is the Power of Attorney of the 1st defendant. When there was a breach of the agreement on the part of the first defendant, the plaintiff issued a lawyer ’ s notice on 6.1.1984. The defendant also caused a reply notice dated 12.1.1984, not complying with the dem

























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