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1978 Supreme(Mad) 330

V.RAMASWAMI
Ponnuswami Gounder – Appellant
Versus
Rama Boyan – Respondent


Judgement

JUDGEMENT :- The first defendant is the appellant. The second plaintiff and the third defendant are the sons of the first plaintiff and the second defendant is the wife of the first plaintiff. The suit properties were originally owned by the plaintiffs and defendants 2 and 3. They sold them for a sum of Rs. 2500 under a sale deed dated 6-5-1969. On the date of sale itself. the first defendant executed an agreement to reconvey the properties to the plaintiffs and defendants 2 and 3 within five years from the date of sale on receipt of the consideration of Rupees 2500. It is to enforce this agreement to reconvey, the plaintiffs filed the present suit. The plaintiffs tendered the entire consideration within the time stipulated and demanded the execution of the sale deed by the first defendant. They also issued a notice demanding the specific performance, but the first defendant refused to execute the same. Since defendants 2 and 3 did not co-operate with the plaintiffs, the suit was filed by the plaintiff alone for specific performance of the agreement to reconvey. The plaintiffs had deposited the entire amount of Rs. 2500 in Court. The main contention of the first defendant










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