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1998 Supreme(Mad) 1437

K.GOVINDARAJAN
Raju Naidu – Appellant
Versus
M. Kolandaisamy and another – Respondent


Advocates:
Mr. K. Venkatapathi, Advocate for General, for Mr. K.V. Sundararajan, Advocate for Petitioner. Mrs. Nalini Chidambaram Senior Counsel for Mr.
S. Silambanan, Respondent.

Judgment :

1. The above revision is filed against the order passed by the Sub-Court, Karur in E.A.No. 161 of 1993, in E.P.No. 48 1992 in O.S.No. 483 of 1980, dated 20.4.1994.

2. Thepetitioner/defendantentered into an agreement with the respondents/plaintiff BE sell the suit property for a sum of Rs.74,000 and he paid a sum of Rs. 24,000 as advance. The balance was agreed to paid on or before 110. 1980. The said agreement was executed on 7. 1979. Since the sale deed was not executed as agreed, the respondents filed the suit in O.S.No. 483 of 1980, on the file of the Sub-Court, Karur and the same was decreed on 20.3.1982 directingthe petitioner to execute the sale deed on or before 20.5.1982 failing which the plaintiffs were at liberty to have the sale deed executed through court. It is relevant to mention here that no time limit was fixed for depositing the amount. Meanwhile the wife and sons of the petitioner have filed the suit in O.S.No. 531 of 1980 on the samecourt for partition which was dismissed on 20.3.1982 itself. Against that judgment and decree they filed appeal in A.S.NO. 249 of 1982and the petitioner filed appeal in A.S.No. 495 of 1985 before this Court. On 16. 1982 t


























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