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1989 Supreme(Mad) 617

ABDUL HADI
R. Ramaswamy – Appellant
Versus
Seethammal – Respondent


JUDGMENT

Abdul Hadi, J.

1. This Second appeal arises out of O.S.No. 157 of 1977 on the file of the District Munsifs Court, Sattur, filed by the plaintiff-appellant for specific performance of the sale agreement Ex.A-1, dated 15-12-1974 for selling the suit property belonging to the defendant, to the plaintiff for Rs. 700. Out of the above said sum of Rs. 700, Rs. 400 had already been paid as advance. The trial court decreed the suit, but on appeal by the defendant, the 1st appellate court reversed the judgment and decree of the trial court and dismissed the suit; Hence, the second appeal by the plaintiff.

2. The defence to the suit is that the defendant did not sign Ex.A-1 and there was no agreement between the parties for selling the properties. The plaintiff, apart from examining himself as P.W.1, examined the two attestors P.Ws.2 and 4 and the scribe of the document P.W.3, who is no doubt the father of the plaintiff. The defendant examined herself as D.W.1. There was no other witness on her side. TO the suit notice Ex.A-2, dated 25-7-1977, there was only a belated reply Ex.B-1, dated 19-9-1977.

2. Since the signature of the defendant in Ex.A-1 is disputed the trial court compared it











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