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1990 Supreme(Mad) 589

A.ABDUL HADI
P. Lakshmi Ammal – Appellant
Versus
S. Lakshmi Ammal and Others – Respondent


Appearing Advocates:M/s. Aiyar And Dolia, M/s. P. Chidambara Subramanian, R. Sundaramurthy, Advocates.

Judgment :-

The plaintiff has filed this appeal, aggrieved by the dismissal of her suit for specific performance of Ex. A-3 sale agreement D/-4-7-1974 relating to the suit house belonging to the 1st respondent-1st defendant. The 2nd respondent-2nd defendant is the husband of the 1st respondent and the suit agreement was executed in favour of the appellant by the 2nd respondent, acting as the power agent of 1st respondent, pursuant to the deed of power of attorney Ex. B-1 D/-30-6-1962 executed by the 1st respondent in favour of the 2nd respondent.

2. The sale consideration under Ex. A-3 is Rs. 30, 000/- and according to the appellant, Rs. 5, 000/- was received by the 2nd respondent on behalf of the 1st respondent as advance. Under the said agreement, the sale deed has to be executed on or before 31-7-1974 when the balance of Rs. 25, 000/- has to be paid. According to the appellant, she informed the respondents 1 and 2 in July, 1974 her readiness to complete the sale and the said respondents agreed and requested the appellant to utilise the three stamp papers lying unused with the said respondents for executing the sale deed. The further plea of the appellant is that on 26-7-1974 she























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