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2002 Supreme(Mad) 1079

K.SAMPATH
Gengadurai naicker and another – Appellant
Versus
A. Chockalingam and another – Respondent


Advocates:
A.Venkatesan, for Appellants
R.Krishnasami, Senior Counsel for C.Ramesh, for Appellants
A.Chidambaram for Respondent No.1.

JUDGMENT: Defendants 1 and 2 in O.S.No.3577 of 1984 on the file of the 8th Assistant Judge, City Civil Court, Madras, are the appellants in S.A.No.1997 of 1989. The third defendant in the said suit is the appellant in S.A.No.314 of 1990.

2. The first respondent herein filed the suit for specific performance and direction to defendants 1 to 3 to execute a sale deed in respect of the suit property in his favour on payment of the balance of sale consideration by him on the following averments:

On 21.12.1981 he entered into an agreement with the first defendant for purchasing three items of properties, namely 1.68 acres in S.No.725/2A, 0.2 acre in S.No.725/2C, and 0.3 acre in S.No.275/2D for a total consideration of Rs.11,250. He paid Rs.2,500 as advance and subsequently paid amounts, in all Rs.6,200 to the first defendant. He has always been ready and willing to get the sale completed. The first defendant has been evading. He had executed a power of attorney in favour of the second defendant and in pursuance of the same the suit property had been conveyed to the third defendant collusively. The third defendant knew about the agreement for sale in favour of the plaintiff. He, after his p















































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