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1998 Supreme(Mad) 1658

A.RAMAMURTHI
Syed Basha (Died) And Others – Appellant
Versus
P. Doraikannu – Respondent


Judgment :

A. Ramamurthi, J.

1. The unsuccessful defendants are the appellants.

2. The first appellant after the filing of the appeal and, as such, appellants 4 to 13 were brought on record as the legal heirs of the deceased.

3. The case in brief is as follows: The plaintiff filed a suit for specific performance. The 1st defendant executed an agreement of sale for Rs. 6,740 on 110. 1974, agreeing to sell his land, well, electric service connection etc., to the plaintiff. On the date of agreement, Rs. 5,540 was paid. It was agreed that the plaintiff should repay the balance of Rs. 1,200 within a period of three months. Possession was also handed over on the date of agreement itself. On 112. 1975 the balance of Rs. 1,200 was paid by the plaintiff and the 1st defendant endorsed on the back of the document itself, undertaking to execute the sale deed whenever required. The plaintiff performed his part of the contract and is in possession of the property. On 1. 1976 by mutual agreement, the plaintiff got executed by the first defendant, sale of item 4 of the property mentioned in the schedule and the document was registered on 11. 1976. The remaining properties continued to be in the



















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