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2003 Supreme(Mad) 801

A.K.RAJAN
Sushila – Appellant
Versus
Nihalchand Nahata – Respondent


Advocates:
T. Viswanatha Rao, for Plaintiff; M/s. Aiyar and Dolia, for Defendant.

JUDGMENT :- This suit for specific performance was filed originally against one defendant. Since he died pending suit, his legal representatives were added as defendants-1 to 4.

2. The plaint averments are as follows : The plaintiff intended to start an Educational Society with various teaching institutions; she was in search of suitable extent of vacant land to start the institution. While so, the original defendant represented to her that he is the sole and absolute owner of the suit property, having purchased the property in public auction held by Murrey and Company on 12-11-1975, under a registered sale deed; he further represented that a portion of the said property together with the bungalow and the appurtenant land was already sold to one Saraswathy Kailasam under a registered deed of sale, dated 29-3-1984 and the balance of the land to the extent of 9 acres 50 cents were available and it was free from all encumbrances and he was ready and willing to sell the land for a sum of Rs. 15 lakhs; the plaintiff agreed to purchase the same, subject to the approval of title and some other conditions. Accordingly, the plaintiff entered into an agreement for sale with the original defen







































































































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