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1971 Supreme(Mad) 632

ISMAIL
Sethu Parvathy Ammal – Appellant
Versus
Bajji K. Srinivasan Chettiar – Respondent


Advocates:
N.C. Raghavachari and N.C. Varadachari, for Appellant; G. Ramaswami and R. Vedantham, for Respondents.

Judgement

JUDGMENT:- The plaintiff in O.S. No.53 of 1965 on the file of the Court of the Subordinate Judge of Thanjavur, who succeeded before the trial court, but lost before the first appellate court is the appellant before this court. She instituted the suit for specific performance of a contract to sell certain immoveable property under Ex.A-1 dated 10-2-1965. That agreement was executed by the first defendant on behalf of himself and as guardian of his minor children, defendants 2 to 4, agreeing to sell the property to the appellant for a consideration of Rs.10,000. The agreement itself recites that out of the consideration of Rs.10,000, Rs.4000 had already been accounted for, by payment of Rs.2698-10 to the Nicholson Town Bank Ltd., Thanjavur, on behalf of the first defendant, a sum of Rs.500 to one Chakrapani Iyer on account of the first defendant and the balance of Rs.801-90 received by the first defendant by then. Ex.A-1 agreement contemplates the mother of the first defendant Sonna Ammal being a party to that agreement, but she has not actually signed the agreement. This agreement provided a period of three months for execution of the sale deed on receipt of the balance con




























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