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1985 Supreme(Mad) 15

NAINAR SUNDARAM
K. P. Subramaniam – Appellant
Versus
Elumalai Gramani – Respondent


JUDGMENT

Nainar Sundaram, J.

1. In this appeal, the appellants are defendants 1, 4, 5 and 11 to 17 in O.S.No. 448 of 1974 on the file of the Second Assistant Judge, City Civil Court, Madras. The first respondent is the plaintiff in the suit and respondents 2, 3 and 4 are defendants 3, 9 and 10 respectively. The plaintiff laid the suit for recovery of Rs. 17,890/- stated to be the amount due to him from the defendants under the following circumstances: An extent of 15 acres and 94 cents comprised in Survey No. 311/1 and situated at Kottivakkam Village near Tiruvanmiyur. Saidapet Taluk, belonged to one A.K.Srivat-san. A.K.S rivatsan entered into an agreement with the plaintiff on 27.2.1962 as per Ex.A-1, agreeing to sell the land to the plaintiff for a sum of Rs. 31,880/- and received an advance of Rs. 3001/- from the plaintiff. As per this agreement, A.K. Srivatsan agreed to convey plots of land as per the requirements of the plaintiff. On 4.2.1963, as per Ex.B-4, the plaintiff entered into an agreement with defendants 1 to 3, under which the plaintiff arranged to get sale deeds in favour of defendants 1 to 3 or their nominees and the specific condition was that Rs. 2,000/- per acre s











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