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2004 Supreme(Mad) 483

K.GOVINDARAJAN, N.KANNADASAN
V. RAMANUJAM – Appellant
Versus
RAJAMANI – Respondent


Advocates:
For the Appearing Parties:Shivakumaran, Advocate.

Judgment :

N. KANNADASAN, J.

( 1 ) THE appellants in A. S. No. 469 of 1986 are defendants-1 and 2 in the suit. The first respondent (since deceased) is the plaintiff and the other respondents are the legal representatives of the plaintiff and defendants-3 and 5.

( 2 ) THE plaintiff filed the suit for specific performance on the basis of an agreement dated 30. 6. 1980, fixing the sale consideration for a sum of Rs. 67,000/- and the defendants-1 and 2 have received a sum of Rs. 10,000/- as advance. According to the plaintiff, defendants-1 and 2 have agreed to receive the balance sale consideration of Rs. 57,000/-on or before 15. 11. 1980 and execute the sale deed. It is the further case of the plaintiff that he was always ready and willing to perform his part of the contract and he was having necessary money to pay the balance sale consideration. Since defendants-1 and 2 have delayed the execution of the sale deed, the plaintiff issued a telegram on 15. 11. 1980, requesting defendants-1 and 2 to go over to the Sub Registrars office at Valappadi to execute the sale deed and complete the formalities.

( 3 ) ACCORDING to the plaintiff, though the telegram was received by defendants-1 and















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