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1999 Supreme(Mad) 809

K.GOVINDARAJAN
Rathinam Chettiar – Appellant
Versus
Embar Naidu and another – Respondent


Advocates:
G. Subramaniam, Senior Counsel for Mr. D. Rajagopal, Advocate for Petitioner. Mrs. Bhuvaneswari, Advocate for Mr.T.R. Rajaraman, Advocate for Respondent No.1. Mr.K.A. Ravindran, Advocate for Respondent No.2.

Judgment :

1. The unsuccessful plaintiff before the trial Court has filed the above appeal.

.2. According to the appellant/plaintiff, the 1st defendant on 22. 1975 agreed to sell the suit property to the 2nd defendant free of all encumbrances for a consideration of Rs. 53, 000 and he received an advance of Rs. 2, 000. It was agreed that the balance of sale consideration should be paid by the 2nd defendant within six months. Accordingly an agreement was entered into between the parties. The 2nd defendant was always ready and willing to pay the balance of sale price and get the sale deed executed. He approached personally and through friends the 1st defendant to get the sale deed executed. The 2nd defendant also telegraphically contacted the 1st defendant to get the sale deed executed. Ultimately he caused a legal notice to the 1st defendant on 18. 1975 for the said purpose. But the 1st defendant did not send any reply. On 22. 1978 the 2nd defendant had assigned all his rights under the said agreement dated 22. 1975 in favour of the plaintiff for valuable consideration. So the plaintiff has become entitled to enforce the said sale agreement and he has been ready and willing to pay





















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