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1998 Supreme(Mad) 1129

K.P.SIVASUBRAMANIAM
N. Saraswathi Ammal – Appellant
Versus
Jayaram Rao and others – Respondent


Mr. V. Raghavachari for Mr. S. Rajappa, Advocates for Appellant. Mr. K.V. Sundara Rajan and Mr. U.N. Krishna Rao, Advocates for Respondents.

Judgment :-

1. The Second Appeal arises out of the judgment of the V Additional Judge, City Civil Court, Madras, in A.S.No.292 of 1983 dated 21. 1985, confirming the judgment of the learned XI Assistant Judge, City Civil Court, Madras, in O.S.No.1996 of 1980, dated 22. 1983. The plaintiffis the appellant in the above Second Appeal.

2. The suit was filed for specific performance to direct the defendants to execute a sale deed in favour of the plaintiff in respect of the plaint schedule mentioned property after the receipt of balance of sale consideration of Rs .4,000 and in default by the defendantson their behalf, a deed of conveyance may be executed by the court, in favour of the plaintiff.

.3. According to the plaintiff, the property belonged to thedefendants and an agreement was entered into between the parties for the sale of the properties to the plaintiff as evidenced by document dated 27. 1973. The agreement provided that the sale consideration of the property was Rs. 18,000 and a sum of Rs.5,000 was paid by the plaintiff on the date of the agreement and it was agreed that the balance be paid to the defendants before the completion of execution and registration of the sal

















































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